ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition under Articles 14, 19, 21 and 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

“(i). To conduct testing of construction materials for DDA as before one year backwards for over 20 years.

(ii). To quash/set aside the DDA Circular no. 228 dated 18.05.202 and DDA's 'speaking Orders' dated 20.02.2023 served by Respondent being violation of Article 14 of constitution.

(iii). To compensate the Petitioner's laboratories on account of illegal stoppage of material sample testing already continuing for the last twenty years.

(iv). To pass any such order as this Hon'ble Court may feel fit and proper in the facts and circumstances of the case.Accordingly, the instant petition stands dismissed.”

2. The brief facts necessary for the adjudication of the instant petition are reproduced hereunder:

a) The petitioners are private labs duly certified by the National Accreditation Board for Testing and Calibration Laboratories (hereinafter “NABL”) in order to conduct testing of construction materials for the respondent no.1/DDA and have been empaneled with the DDA for a few years.

b) The respondent no.3/the Chief Engineer Quality Assurance and Control (QAC) has been assigned to check the quality of works at field division level in various DDA zones, thereby,drawing samples of the material consumed in the construction of civil, electrical and horticulture works in order to ensure quality.

c) The respondent no.1 invited applications through advertisement dated 2nd December, 2021 for fresh empanelment for a period of two years w.e.f. 31st March, 2022 from private material testing labs from Delhi.

d) The petitioners responded to the aforesaid advertisement and submitted all the requisite documents required for the same, thereby, applying for fresh empanelment with the respondent no.1/DDA.

e) Subsequently, the petitioners’ labs qualified in the scrutiny of the documents as well as in the physical inspection carried out by the Committee of Senior Engineers as constituted by the respondent no.1/DDA.

f) Thereafter, the respondent no.1/DDA rejected the empanelment requests of the petitioners and only considered the nine private labs from Delhi region, thereby, ignoring the labs located within the NCR region of Delhi.

g) Further, being aggrieved by the said rejections, the petitioners filed a writ petition bearing no. WP(C) 438/2023. The said petition was disposed of vide order dated 13th January,2023 with directions to the respondent to decide the representation of all the petitioners and to communicate the decision with regards to their empanelment within two weeks.

h) Subsequently, the respondent no.1/DDA passeda speaking order dated 20thFebruary, 2023 bearing No. F1(1)/2023/court case/ CB (QAC) 47, whereby, the respondent no.1/DDA provided details as to why the applications of the petitioners were rejected.

i) Aggrieved by the aforesaid speaking orders, the petitioners have preferred the instant petition.

3. Learned counsel appearing on behalf of the petitioners submitted that the speaking order passed by the respondent no.1/DDA did not comply with the order dated 13th January, 2013 and therefore is in violation of Article 14 of the Constitution of India. It is submitted that the content of the speaking order is misleading, irrational, unjustified and unlawful and hence the petitioners have preferred a fresh writ petition.

4. It is submitted that the respondent no.1/ DDA invited bids from the National Capital Region of Delhi (hereinafter “NCR”)but refused to consider any application from NCR for the purposes ofempanelment.

5. It is submitted that the respondents did not obey the directions issued by this Court vide order dated 13thJanuary, 2023 as a result of which the petitioners filed an application for execution of the orders vide CM APPL. 10508/2023 which was disposed of vide order dated 20thMarch, 2023 with liberty to the petitioners to assail the sp