IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION (STAMP) NO.19775 OF 2025 Maharashtra State Contractor’s Association through President Shri Suresh Haribhau Kadu ...Petitioner V/s.

1. The State of Maharashtra through Chief Secretary, Mantralaya, Mumbai.

2. The Secretary, Rural Development Department, Mantralaya Mumbai.

3. The Secretary, Public Works Department, Mantralaya Mumbai.

4. The Chief Executive Officer, Zilha Parishad, Pune.

5. The Executive Engineer, Works Department, South Z.P., Pune.

6. The Executive Engineer, Works Department, North Z.P., Pune ...Respondents ______________

Mr. Nitin Gaware Patil i/b. Mr. K.B. Borde for the Petitioner.

Digitally signed by MEGHA MEGHA SHREEDHAR SHREEDHARPARAB PARAB Date:

2025.07.01 +0530 Smt. S.D. Vyas, Addl. GP with Smt. V.R. Raje, AGP for Respondent Nos.1 to 3-State.

______________

CORAM: ALOK ARADHE, CJ. &

SANDEEP V. MARNE, J.

Dated: 26 JUNE 2025.

Judgment (Per Sandeep V. Marne):-

1. The Petition is filed by Maharashtra State Contractor’s Association challenging the Tender Notice Nos.11, 15, 16 and 20 issued by Respondent Nos.5 and 6. It has sought direction for issuance of fresh tender notice without clubbing of works. Alternatively, prayer is sought for dilution of eligibility criteria as per policy of distribution of works.

2. Petitioner claims to be a registered association of directors. It is registered as a trade union on 7 November 2017. It is the grievance of the Petitioner-Association that the Zilla Parishad has issued administrative sanction for construction and development of school premises in respect of 301 schools located in various Talukas of Pune District. It is Petitioner’s contention that separate administrative sanction is issued in respect of each work and that therefore each work needs to be executed separately. By the impugned Tender Notice Respondent Nos.5 and 6 have clubbed multiple works in respect of which sanction was issued by order dated 28 May 2025. Petitioner claims that Respondent Nos.5 and 6 ought to have issued separate tender in respect of each of the works sanctioned vide order dated 28 May 2025. Accordingly, Tender Notice Nos.16 and 20 issued by Respondent No.5 and Tender Notice Nos.11, 15 and 16 issued by Respondent No.6 are challenged in the present Petition. Prayer is sought for issuance of fresh Tender Notices without clubbing of works. Alternatively, Petitioner has sought dilution of eligibility criteria corresponding to the policy of distribution of works.

3. We have heard Mr. Gaware Patil, the learned counsel appearing for the Petitioner. He would rely upon Government Resolution dated 5 April 2023 (GR) by which State Government has made special provisions to encourage award of contracts to unemployed educated engineers and labour contract societies. That the said GR provides for reservation of 40% works for educated unemployed engineers. That the said GR is aimed at ensuring that smaller works are allotted preferably to unemployed engineers. He would therefore submit that if separate tenders were to be floated in respect of each of the works sanctioned vide order dated 28 May 2025, the members of Petitioner’s Association would have become eligible to bid in pursuance of such tenders. That Respondent Nos.5 and 6 have deliberately floated tenders in respect of combined works with a view to ensure that members of the Petitioner- Association are ousted from the tender process on account of non-fulfillment of eligibility criteria. That the impugned decision is taken essentially to favour the contractor of choice of the Respondents.

He would rely on GR dated 19 September 2017. He would also submit that once separate administrative sanction is issued in respect of each work, it is impermissible to float combined tender for multiple works. He would accordingly pray for setting aside the impugned tenders.

4. Petition is opposed by Ms. Vyas, the learned Additional Govt. Pleader for Respondent Nos.1 to 3. She would rely upon