These writ petitions are at the instance of the contractors challenging stipulation of experience in executing BM and BC (Bitumen Macadam & Bitumen Conversion) for the purpose of execution of the work on behalf of the Public Works Department (PWD).
2. The Government by G.O.(Rt) No.1341/13/GAD dated 15.10.2013 decided that only Contractors who have previous experience in BM and BC works shall alone eligible for executing BM and BC works of PWD. This, in fact, is stipulated to safeguard and ensure the quality of the work. There cannot be any doubt regarding insistence of such stipulation as a pre-qualification. However, the petitioners submit that this would monopolize and entail the Contractors to perform the contract, who have already gained experience in execution of BM and BC works. The petitioner in W.P.(C) No.22545/2014 would urge that based on G.O.(Ms) No.36/2009/PWD dated 24.6.2009, pre-qualification shall be insisted only for works costing more than Rs.5 crores.
3. G.O.(Rt) No.1341/2013/PWD dated 15.10.2013 refers reference to the representation of Contractors Association in Malappuram District and the Government acting upon such representation issued the order prescribing pre-qualification. This order does not indicate in what manner experience shall be obtained. It also does not refer whether it would apply to all types of work irrespective of cost involved. This Court is of the view that the Government have to advert various factors before taking such decision to stipulate pre-qualification based on experience. It shall not give undue advantage to those who have already gained experience in execution of BM and BC works. It is to be noted that those who have experience in BM and BC works at given point of time had no such experience and ventured into BM and BC works without any such pre- qualification. The petitioners have a case that they can also very well employee persons who have experience in handling BM and BC works. The contract work, in fact, is being discharged through workmen who have experience in such work.
4. In such situation, this Court is of the view, the Government have to come out with broad guidelines for stipulating pre-qualification. The Government will have to examine whether the Contractor can be allowed to engage in BM and BC expertise workers for a certain period to gain experience before the stipulation being made as mandatory for all the works in future.
These writ petitions are disposed of by directing the Government to take a decision after hearing all the parties concerned within a period of four months from the date of receipt of a copy of this judgment. Any work awarded to the petitioners pursuant to the interim direction shall be permitted to continue. Till a decision is taken in the matter, operation of pre-qualification stipulation of experience in BM and BC works in the impugned order is stayed. No costs.
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A.MUHAMED MUSTAQUE, JUDGE ln