WP/8945/2006 of Sabari Relli Caste Welfare Society rep., by its Secretary Vs Municipal Corporation of Guntur, represented by its on 28 December 2006

ORDER:

This petition is filed seeking a writ of mandamus to direct respondentNo.1 to implement the G.O.Ms.No.451 dated 06-06-1970, MunicipalAdministration Rules and to allot 15% of the tender works to the petitioner onnomination basis as per the directions contained in the said G.O.

The case of the petitioner-society is that it is a registered Society, videRegistration No.384 of 2003, dated 19-07-2003, formed by the persons belonging to S.C. community for thepurpose of ameliorating and improving living conditions and also to eke outlivelihood by participating in tenders relating to sanitation and other works of all departments. It is stated that the first respondent issued open tender noticesdated 23-01-2006 and 31-03-2006 for doing sanitation works in various divisions of MunicipalCorporation of Guntur and that the petitioner Society has submitted tenders forthree packages in respect of tender notice dated 23-01-2006 and five packagesin respect of tender notice dated 31-03-2006. It is stated that as perG.O.Ms.No.451, dated 06-06-1970, at least 15% of works in the MunicipalCorporations shall be reserved for entrustment of these societies and theindividuals, who happen to be unemployed and retrenched Engineers belongingto Scheduled Caste, Scheduled Tribes and Waddera Communities and that thepetitioner Society made representations, dated 07-03-2006 and 20-03-2006before the first respondent for allocation of works under nomination basis interms of the said G.O., but the respondents have not considered and disposedof the same. Hence, the writ petition.

The learned counsel for the petitioner brought to the notice of this Court,the judgment of this Court in DALITJATHI LABOUR CONTRACT CO-OPERATIVE SOCIETY v. COMMISSIONER, L.B.NAGAR MUNICIPALITY,RANGA REDDY DISTRCT in support of the submission that whenever tendersare invited for sanitation works, the Corporation is under obligation to reserve15% of the sanitation works to Labour contract/Waddera Societies as well asSocieties for scheduled Castes and Scheduled Tribes. Though the said casearose under the A.P. Municipalities Tender Rules, 1967, the principle in view ofRule 11(2) of the MCH Tender Rules is the same.

Accordingly, the Writ Petition is disposed of directing the first respondentto take action in accordance with Rule 11(2)(vi) of the MCH Tender Rules atthe time of finalisation of the tenders and allot 15% of the works to thepetitioner and other eligible societies (as per Rule 11(2)(vi) of the MCH tenderRules) on nomination basis. No costs.

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V. ESWARAIAH, J

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