The Madras High Court has lamented that policy decisions of the government keep changing as per the wishes of the political parties that capture power after every general election, and that such changes are made without considering the efficacy of those policies and their usefulness to the public.
A Division Bench of Justices N. Kirubakaran and P. Velmurugan made the observations while deciding on a writ appeal filed by a registered government civil contractor, challenging the award of contracts for maintenance of State highways by clubbing various works into a package worth ₹5 crore to ₹15 crore, and not individually.
While commencing the pronouncement of their verdict on the writ appeal, which was ultimately dismissed on merits, the judges wrote that the case at hand reminded them of a famous film dialogue of actor Sivaji Ganesan, stating that everything gets done afresh whenever a new administration takes charge.
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“This case would stand as an example for the change of policies also if there is a change of government… In Tamil Nadu, it is a fact that with every change of government, the policies would also be changed without considering whether the policy in vogue at that relevant point of time is good for the people or not,” they said.
The judges pointed out that the practice of inviting tenders for government contracts by clubbing various works into different packages, each ranging between ₹5 crore and 15 crore, was first introduced by the AIADMK government under Chief Minister Jayalalithaa’s leadership in 2003.
That policy was changed after the DMK captured power in 2006, and the packaging system was given a go-by. Tenders were called for individual works instead. In 2012, the packaging system was brought back into force after the AIADMK won the elections in 2011 and returned to power.
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“The policies keep changing according to the party in power and according to its wish. However, what is to be seen is whether the policy is in larger public interest or whether it is arbitrary and in violation of Article 14 (providing equal opportunity) of the Constitution,” the judges said before ruling in favour of the packaging system while inviting tenders.
The Bench agreed with Advocate General Vijay Narayan that works like the laying of roads, creation of footpaths and construction of culverts and drainage networks were grouped together purely in public interest, so that such works could be completed at the earliest without causing much inconvenience to the people. The A-G had also submitted that the government had been insisting on the tenderers being financially sound not with the intention of eliminating small-time civil contractors, but for ensuring that the successful contractor possessed the wherewithal to complete the works on time without causing unnecessary and avoidable delays.