S.V.Gangapurwala, J.

1. Rule. Rule made returnable forthwith.

With the consent of the parties, taken up for final hearing.

2. The petitioner assails the Government Resolution dated 24.4.2015, stipulating e-tender process in allotment of contracts to the Labour Cooperative Societies above Rs.3,00,000/- (Rupees three lacs).

3. The petitioner is a Labour Cooperative Society consisting of labourers residing in vicinity of Kannad, District Aurangabad. The Labour Cooperative Societies are granted several concessions by the Statement Government since 1948. The Government vide Resolution dated 30.3.1979, laid down the procedure while providing works to Labour Cooperative Societies. The concession granted by the Government Resolution dated 30.3.1979 were modified subsequently by various Government Resolutions. The limit of granting the work was increased from time to time. The Labour Cooperative Societies were given work up to Rs.5,00,0000/- (Rupees five lacs) without inviting tenders. Each Labour Cooperative Society was held entitled to have work of maximum 30,00,000/- (Rupees thirty lacs) in a year. The Government vide Resolution dated 31.3.2005, earmarked the allotment of work to the Labour Cooperative Societies to the extent of 33%, to the Educated Unemployed Engineers 33% and to eligible registered contractors 34%. It was decided to allot the work in these categories of persons without inviting tender. Up to Rs.5,00,000/- (Rupees five lacs) work was allotted to the Labour Cooperative Societies as per Government Resolution dated 16.11.2006. The tenders were not to be invited. The Respondent No.1 vide Government Resolution dated 6.8.2010, adopted a policy to resort to e-tender process for works more than Rs.50,00,000/- (Rupees fifty lacs). The said limit of Rs.50,00,000/- (Rupees fifty lacs) or more was reduced to Rs.10,00,000/- (Rupees ten lacs) vide Government Resolution dated 16.1.2013. Thereafter, vide Government Resolution dated 26.11.2014, the Government took a policy decision to allot all works above Rs.3,00,000/- (Rupees three lacs) by e-tender process. The directions were given to all Government Departments, Corporations and the Boards. Keeping in tune with the said Government Resolution, Public Works Department issued a Government Resolution dated 24.4.2015, thereby stating that the PWD is also adopting policy of e-tendering process for work above Rs.3,00,000/- (Rupees three lacs) and the same is made applicable to the Labour Cooperative Societies and Educated Unemployed Engineers. The ratio of allotment of work was maintained. It is this condition of allotment of work to Labour Cooperative Societies above Rs.3,00,000/- (Rupees three lacs) by e-tendering process assailed in the present Writ Petition.

4. Mr.Devkate, learned counsel for the petitioner strenuously contends that the Labour Cooperative Societies consist of poor and illiterate labourers as its members. These poor and illiterate labourers do not have enough knowledge of the computer and the internet, as such they will not be in a position to compete and fill in the tenders. These Labour Cooperative Societies are mostly situated in rural areas, where accessibility to computer and internet is not possible. The condition in the Government Resolution dated 31.3.2015, to call tenders for allotting works to Labour Cooperative Societies of more than Rs.3,00,000/- (Rupees three lacs) is arbitrary, illegal and unconstitutional. These Societies would be deprived of participating in the tender process because of the reason of their illiteracy and non-accessibility to the internet and the computers and the same is violative of the Article 14 of the Constitution of India. It is irrational and unreasonable and in such matters, the Court can certainly intervene. This Court in such cases would exercise the powers of judicial review. The learned counsel relies on the judgment of the Apex Court in a case of “State of Madhya Pradesh and others Vs. Mala Banerjee” reported 2015