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2017 Supreme(Pat) 275

RAJENDRA MENON, SUDHIR SINGH
Sapna Singh Wife of Sri Badal Singh – Appellant
Versus
State of Bihar through the Principal Secretary, Road Construction Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajesh Kumar Singh
For the Respondents: Mr. Lalit Kishore, Ranjeet Kumar

JUDGMENT :

Sudhir Singh, J.

In this writ application, the petitioner has challenged the Govt. Resolution No. 5676 (S) dated 24.06.2015 contained in 'Annexure-4' by which Rule 159 (k)(i) of Bihar Public Works Department Code, has been amended, by which publication of tender notice in News paper and/or Internet for Public Works Contracts of estimated cost of Rs. 15 Lacs or lesser amount has been made inapplicable, and its consequential amendment in 159 (kh) of the same Code, and another Govt. Resolution No. 5931 (s) dated 01.07.2015 as contained in 'Annexure-5' by which 50% of the Public Works Contracts of estimated cost up to Rs. 15 lacs or lesser amount, being reserved for Scheduled Castes, Scheduled Tribes, Extremely Backward Class, Backward Class and Women of Backward Class, as follows :

i. Scheduled Caste - 16.00%

ii. Scheduled Tribes - 1.00%

iii. Extremely Backward class - 18.00%

iv. Backward class - 12.00%

v. Women of Backward class - 3.00%

Total - 50.00%

Remaining 50% of work shall be available for all categories.

2. The petitioner has challenged the above referred resolutions as being, violative of Article 14, Article 19(1)(g) and Article 38 of the Constitution of India.

3. Learned cou



























































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