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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Mahalaxmi Infra Contract Ltd. – Appellant
Versus
Union of India, through Secretary Ministry of Coal, Government of India, having its office at 120, 1st Floor, Fwing, Shastri Bhawan, P.O. & P.S District New Delhi – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Rajiv Ranjan, learned senior counsel appearing for the petitioner, Mr. Tushar Mehta, learned Solicitor General of India and Mr. Sumeet Gadodia, learned counsel appearing for the respondent no. 6.
2. In this writ application, the petitioner has made the following prayers:
(a) In the nature of mandamus commanding upon the concerned respondents to show cause as to how and under what authority the work with respect to Hiring of equipment for Extraction of 13.301 M Te. of Coal by contractor's Surface Miner, Loading of 13.301 M Te of Coal at surface miner by contractor's Pay-loader into Tippers/Dumpers and Transportation of the same to surface coal stock yard of Amrapali OCP, A-C Area for the period of six (6) months has been allotted to the private respondent no. 6 despite the fact that the petitioner was declared L-1;
(b) Upon perusing the cause shown, if any, for a further writ / order / direction in the nature of mandamus commanding upon the concerned respondents to immediately and forthwith allot the work to the petitioner considering the fact that the bid of the petitioner has already been found to be most responsive and it has been decla
The court upheld that 100% reservation for MSEs in public procurement is valid under the MSE Policy, rejecting claims of arbitrariness towards tender selection processes.
The maximum benefit that can be reaped by an MSE under the Public Procurement Policy for MSMEs is up to 25% of the total tendered value, and the tender issuing authority cannot deviate from this stip....
The procurement policy mandates that specified items must be exclusively acquired from Micro and Small Enterprises, rejecting attempts to disguise procurement as a works contract.
The court emphasized the importance of adhering to tender conditions and equitable distribution under the MSE Policy, allowing for judicial intervention only in cases of illegality.
The exemption for Micro and Small Enterprises under the Public Procurement Policy does not apply to work contracts, as clarified by the Ministry of MSME.
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