The Kerala High Court on Monday observed that e-tendering of public works would make the tendering process transparent and avoid cartel formation by contractors.
Dismisses plea
Justice A.M. Shaffique, while dismissing a writ petition filed by a batch of 18 contractors against the introduction of e-tendering process in local self-government institutions, observed that the e-tendering process was intended to provide a transparent approach and avoid any forms of malpractices in the invitation of tenders for carrying out various public works. It was simple and less expensive.
The court further observed that fundamental rights of the contractors were not affected in any manner by introducing the e-tendering of works.
It was clear that the government was adopting a suitable procedure for invitation, evaluation and acceptance of tender.
Public interest
The procedure was laudable. It could not be brushed aside by contending that specific rules had not been formed. In fact, e-tendering was introduced in public interest.
The contractors contended that the introduction of e-tendering was contrary to the rules prevailing in the self-government institutions.
Works over Rs. 5 lakh
The government had made the order on e-tendering process now available in the Public Works Department (PWD) applicable to the local self-government institutions works. While under the PWD, works estimated over Rs.25 lakhs were e-tendered, the local self-government institutions need to e-tender only works over Rs.5 lakh.
The court observed that if the statues were silent about the e-tendering, the government could issue order introducing rules in this regard.
