JUDGMENT :

Pradeep Nandrajog, J.

The present reference is on account of the order dated 13th February, 2019 passed by a Division Bench of this Court and the question for consideration is found in paragraph 12 of the said order. The said question reads as under :-

"In the light of the principles which govern the exercise of judicial review, in contractual matters, whether the decision of the Division Bench in Writ Petition No. 3196 of 2013 in Aurangabad Electrical Contractors Association & Ors. vs. The State of Maharashtra, dated 10th April, 2014, holding that the Government Resolution, dated 27th January 2014 and the Government Circular, dated 24th March 2011, are violative of the provisions of Articles 14, 19(1)(g) and 21 of the Constitution of India and thereby directing that separate tenders be invited for civil and electrical works, is correct?"

2. The decision dated 10th April 2014 in Writ Petition No. 3196 of 2013 Auranagabad Electrical Contractors Association & Ors. vs. the State of Maharashtra laid a challenge to a Government Resolution dated 27th January 2004 followed by a Circular dated 24th March 2011 issued by the Public Works Department of the State of Maharashtra pertaini