Rajasthan High Court - Jodhpur
Mahendra Kumar Shrotriya vs State & Anr on 18 January, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Civil Writ Petition No. 7953 / 2016
Mahendra Kumar Shrotriya S/o Shri Shyam Sunder Shrotriya,
Aged about 38 years, R/o Sawaipur, Tehsil Kotdi, District Bhilwara,
Rajasthan.
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Department of
Secondary Education, Government of Rajasthan, Secretariat,
Jaipur.
2. Director, Rajasthan Council of Secondary Education, Jaipur,
Rajasthan.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr.Vikram Singh on behalf of
Dr.Nupur Bhati, Advocate
For Respondent(s) : Mr.B.L.Bhati, Govt. Counsel with
Mr.Akshay Tiwari, Asstt. Counsel
_____________________________________________________
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Order 18/01/2017 The prayer in the present petition is for quashing of the notice inviting E-tender dated 11.04.2016 (Annx.2), vide which the respondents have invited applications from placement agencies for providing hardware, software and to prepare and set up a Satellite Education Lab along with necessary infrastructure and side development as well as manpower to maintain the same.
(2 of 4) [CW-7953/2016] Learned counsel for the petitioner contends that the petitioner was working on the post of Computer Operator in the Department of Education. He possesses the qualification of B.A., PGDCA, M.SC.(CS). He was engaged as Computer Operator through placement agency for various schemes undertaken by the Education Department from 13.10.2005 to 13.03.2009 and thereafter, from 02.07.2013 to 03.04.2014. He has challenged the notice inviting technical and financial bids through E-tendering on the ground that the Department of Finance, Government of Rajasthan had issued a circular dated 27.06.2014, vide which, it was categorically stated that the services of the contractual employees through placement agencies should be stopped and that the same should be employed directly by the State Government.
Admittedly, the petitioner is not working with the department since April, 2014.
Reply has been filed by the respondents. As per the reply, the project of ICT@school has been launched by the Central Government and same has been operational as per guidelines issued by the Central Government. In pursuance to the guidelines issued by the Central Government, the Rajasthan Council of Secondary Education (RCSE) introduced a project to provide ICT based Educational Services in 525 Government Schools as part of the curriculum based on Board of Secondary Education Rajasthan syllabus for which certain services are required. The scope of work (3 of 4) [CW-7953/2016] as provided in the guidelines are also referred to in the reply, which read thus:
a) To provide Education Service as per Government Syllabus and supply of related items in 525 Government Schools for integrated Scheme for Computer Education (CE) and Information & Communication Technology (ICT)@schools (Phase-IV) in specified Government Senior Secondary School/ Government Secondary School affiliated to the Board of Secondary Education, Rajasthan on Build-Own-Operate Transfer (BOOT) basis.
b) To prepare and set up a Satellite Education Lab along with the necessary infrastructure and side development in the designated computer lab at each school with proper electrical works.
c) To supply and install entire system as per technical requirement.
d) To maintain the supplied items (hardware and accessories) at the schools.
e) Provide Education as per BSER Syllabus through Live Satellite.
As per the reply, the above mentioned program has been launched by the Central Government for the purpose of betterment of education of Information technology in the country. For the purpose of achieving the target of above mentioned project, the State of Rajasthan issued a notice inviting e-tender (4 of 4) [CW-7953/2016] dated 11.04.2016 (RCSE/1CT-IV/TENDER/2016). The above tender is for providing hardware, software and to prepare and set up a Satellite Education Lab along with the necessary infrastructure and side development. Manpower supply is also required only to maintain the above mentioned requirements and the work of the manpower supply is only to maintain and assist the teachers in the schools. The manpower supply does not require to teach but only to assist the teachers of the State Government.
Admittedly, the petitioner is not working in the department as on date. It is not a case of replacement of the contractual employees by engaging other contractual employees through placement agency. It is stated in the reply that the tender is both for providing hardware, software and to prepare and set up a Satellite Education Lab along with the necessary infrastructure as well as together with manpower to maintain the same. The petitioner has neither submitted his e-tender and nor is being replaced. Thus, the petitioner has failed to show as to how he has the locus standi to challenge the notice inviting E-tender dated 11.04.2016. Moreover, the decision to set up the infrastructure and employ the manpower for maintaining the said infrastructure through agencies having the expertise is a policy matter, in which the Court cannot interfere.
Dismissed accordingly.
(NIRMALJIT KAUR)J. NK/63