A notice has been issued by the Supreme Court in a Special Leave Petition (SLP) challenging the constitutional validity of ‘Mukhya Mantri Annadoot Yojna’, a scheme introduced by the Government of Madhya Pradesh for allotment of transportation work to unemployed persons.
A bench comprising Justice Bopanna and Justice PS Narasimha considered the petition which was filed through Advocate on Record Abhay Singh.
As per the petition, before the Scheme’s introduction, the transportation of supplies was allotted by way of a tender process wherein the lowest bidder was allotted the work based on the quoted rates. For the year 2021-2023 i.e. for two years, the work was allotted to the petitioners by way of tender process.
The work pertained to supply from the warehouse to fair price shop.However, respondents brought in force the impugned Scheme namely for transportation of supplies replacing the prevailing policy under which contracts were awarded to the petitioners through tender process.
This has resulted in ineligibility of the petitioners to even apply for allotment of work which they are carrying for more than a decade. Therefore, petitioners via this SLP have argued: “By virtue of Scheme, the Petitioners are barred to even apply for allotment of work for the reason that eligibility criteria are determined on the basis of age and place of residence having absolutely no nexus with the nature of work. Such classification amounts to hostile discrimination on the basis of place of residence and age, making the impugned Scheme violative of Article 14 of the Constitution of India.”
Further, the petition has asserted that this impugned Scheme has denied petitioners the ‘Right to carry business’ by hostile discrimination.
“The impugned Scheme abrogates not only the Petitioner’s fundamental right under Article 19(1)(g) of the Constitution of India but also right of occupation of the employees, staff, drivers, and laborers employed and engaged in the work of transportation for several years.”, the petition stated.
The petitioners have challenged the Scheme on the ground of public interest as well. They have averred that the Scheme “is contrary to the public interest as not only it stipulates to outsource the State’s work without following the fair and transparent process of issuing Notice inviting tender to the public but also incurs more burden on public exchequer as same work is being allotted on much higher rate.
”It is worth mentioning that Petitioners first challenged the validity of the Scheme as well as advertisement issued therein by filling Writ Petition the High Court of Madhya Pradesh at Indore, where all the petitions were heard. However, the same was dismissed by common impugned final judgment dated 27.07.2023. Hence the present SLP.
Petitioners have contended that in the said judgment that the High Court, without affording proper hearing in, summarily dismissed the Writ Petitions filed by them and similarly situated petitioners without considering the challenge made to the Scheme and grounds raised therein clearly depicting that the Scheme is unconstitutional, arbitrary and violative of public policy.
The High Court, without examining the Scheme, has mechanically dismissed the Writ Petitions finding that it is a policy decision that cannot be challenged.
“The impugned order blindly and mechanically holding the impugned action of the State Government inalienable is detrimental to the Constitutional framework. Further, by such order, the executive in power will be encouraged to replace the existing fair Tender process in every outsourcing public work with its own suitable allotment process in order to confer benefit to its own chosen ones leading to more abuse of official power and corruption as indicated in the order passed by Hon’ble Single Bench staying the Scheme.”, the petition stated.