Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 14TH DAY OF OCTOBER 2022 / 22ND ASWINA, 1944 DBP NO. 59 OF 2022 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – TDB REPORT NO.24 OF 2022 IN PETITION NO.6 OF 2022 - APPROVAL FOR THE AWARD OF CONTRACT FOR THE WORK OF SPECIAL REPAIRS TO THE BUILDINGS FOR INCREASING SERVICE LIFE IN DEVASWOM BOARD COLLEGE, THALAYOLAPARAMBU, VAIKOM GROUP - REG.
------------ PETITIONER:
TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS EXECUTIVE ENGINEER, KOTTAYAM DIVISION, PIN - 686001.
BY SRI.G.BIJU, SC, TDB
RESPONDENT:
THE DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURA - 695003.
SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI P.RAMACHANDRAN- AMICUS CURIAE THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 14.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER Anil K. Narendran, J.
This DBP is registered based on TDB Report No.24 of 2022 filed by the learned Ombudsman in Petition No.6 of 2022 filed by the Travancore Devaswom Board seeking approval for the award of contract for the work of special repairs to the buildings for increasing service life of Devaswom Board College, Thalayolaparambu, Vaikom Group. The report of the learned Ombudsman reads thus;
“This Maramath Petition filed by the Travancore Devaswom Board through its Executive Engineer, Kottayam Division seeking sanction for the award of contract for the work of special repairs to the buildings for increasing service life in Devaswom Board College, Thalayolaparambu. The petition is supported by an affidavit sworn to by the Executive Engineer, Kottayam.
It is averred that the sanctioned estimate is Rs.34,22,000/-. The college is affiliated to the Mahatma Gandhi University. The Assistant Engineer reported that the main block consisting of offices and laboratories is a two storied RCC building where the first floor roof is covered with asbestos sheet except the verandah portion. The roof of the verandah portion is RCC. The Principal has addressed the spalling of concrete from the
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RCC structure. Annexure A is the letter from the Principal. Damages were occurred to the RCC building (Political/Malayalam Block) of the Main block and the Library block. Two columns of the Politics block are also cracked due to the rusting of reinforcement Sanction was requested from the Chief Engineer (G) TO INVITE Expression of Interest to execute retrofitting works.
Photographs are produced as Annexure-B. The matter was reported to the Board by the Chief Engineer and the Board granted permission to invite Expression of interest to execute retrofitting works for Malayalam block, Library block and Main block as per order dated 24.09.2021. The Board order is produced as Annexure-C along with the petition. Expression of Interest was invited for the above work from reputed experienced private firms/contractors/ agencies by fixing last date on 26.11.2021 after giving widespread publicity through leading newspapers Desabhimani and Mathrubhumi. Two offers were received from M/s.Vellappally Engineering & Consultancy and M/s. Amzer Intra Projects LLP. Since they had not submitted necessary credentials to support their experience in the arena as demanded in the Eol, their bids were rejected. Considering the urgency of the work, directions were given to the Assistant Engineer, Vaikom to invite Expression of Interest. He invited Expression of Interest fixing the last date as 14.12.2021.
Two offers were received, one from M/s.Vellappally Engineering & Consultancy and the other from Ms.Amzer
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Infra Projects LLP. Demanding Rs.28,50,045/- plus 18% GST and Rs.29,00,354/- plus 18% GST respectively. M/s Vellappally Engineering & Consultancy being the lowest, an estimate was prepared by the AE and submitted to the Chief Engineer's Office for an amount of Rs.34,22,000/- plus 10% GST. Negotiation was made with the lowest quoter and he reduced the amount to Rs.27,78,795/- plus 18% GST.
Board accorded administrative sanction and ordered that the work may be executed by making use of the College Development Fund, as per Annexure D order. Chief Engineer's technical sanction is Annexure-E and contract sanction in favour of M/s.Vellappally Engineering & Consultancy (a joint venture with M/s.Perfect Solutions) for Rs.27,64,545/- is Annexure-F. Hence, this petition.
2. Pursuant to the notice issued, the State Audit, TDB filed their remarks. It was pointed out in the remarks that:- (i) The Devaswom Board keeps separate fund, such as college Fund. The sufficiency of the funds in the College Fund at the disposal of the Secretary, TDB is not mentioned. Further, whether there are any funds at the disposal of the Principal is also not mentioned.
(ii) How the reduction in the estimate was brought about is not disclosed.
(iii) The copy of the estimate not produced (iv) The details of the Expression of Interest received is not mentioned and disclosed in the petition.
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(v)The details of the advertisement given inviting Expression of interest also not mentioned in the petition.
It is contended that the building is more than 50 year old and the photographs showing where the spalling occurs and also the pictures showing the dilapidated condition of the structure are given in Annexure B.
Hence, the fitness of the building to run a college of this kind is not mentioned as the fitness of the buildings such as Schools, Colleges, etc are to be certified yearly by the PWD.
3. A replication filed thereafter by the Executive Engineer. The remarks filed by the State Audit were answered in the following manner:- (i) The source of the fund already mentioned in the petition was College fund, Annexure-A. The statement of availability of the funds in the College fund at the disposal of the Secretary of the TDB is produced as Annexure-B. The College has not allocated any funds, as reported by the Principal. The letter is Annexure-C. This answers paragraph 5 of the remarks.
(ii) As regards the remark in paragraph 7, it is stated that the contract sanction obtained from the Board the GST provision was not included by mistake. The corrected copy of the contract sanction from the Board is produced as Annexure-D.
(iii) As regards remark No.8, the copy of the sanctioned estimate is produced as Annexure-E (iv) As regards remark No.9, it is stated that the Expression
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of Interest were invited from reputed experienced private firms/ contractors/agencies after giving wide publicity through newspapers Desabhimani and Mathrubhumi and also in TDB website. The other details as to the Expression of Interest was already stated in the petition, but again reiterated in the replication. It is after negotiation with the lowest tenderer that the amount was brought down to Rs.27,78,795/- plus 18% GST.
Copies of the Expression of Interest and Experience Certificates are produced as Annexure-F.
(v) As regards remark No 11, it is replied that there is no practice in obtaining fitness certificates from Local Authorities as in the case of school buildings. However, for the fitness of the College building certified by the Structural Engineer is produced as Annexure-H. The detailed procedure for doing the work received from the firm is produced as Annexure-I. They have also pointed out to provide a sheet roof to the building for better result of the rehabilitation works and structural stability of the building. The authorized signatory is also a Chartered Engineer. The Executive Engineer further submits that for providing an over roof to the building an e-tender is invited by fixing the last date as 01.07.2022.
4. I have visited the College on 06.06.2022 and found that the repairs are necessary to be made. I have also seen the spallings from the roof. In the present situation, all these spallings are removed. Unless repairs are conducted, the students sitting inside the class room
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may not feel secure and attentive in the class. Though I have inspected all the buildings in the College, I find that most of the buildings require repairs. The situation it appears, was brought to this level because of the absence of periodical works done to the College buildings by way of maintenance every year. To construct or re- construct of buildings at a stretch may involve huge financial liability and, therefore, it is necessary that buildings are kept in good condition by periodical repairs done. It is, therefore, suggested:
(i) While granting the approval sought for the Hon'ble High Court may also be pleased to direct the Devaswom Board to conduct annual inspection of the buildings of the college during summer vacation by Engineering Wing and report be submitted suggesting the repair works to be attended to and be carried out without any reluctance as any damage to the building and falling of the spallings will be dangerous to the students and staff working in the College.
(ii) Further, a Building Audit of the buildings may also help the authorities for reconstruction of such of those buildings which are lost its life and durability.”
2.
On 11.10.2022, when this DBP came up for admission, this Court passed the following order;
“The subject matter of this TDB Report filed by the learned Ombudsman in Petition No.6 of 2022 relates to approval for the award of contract for the work of special repairs to the buildings of Devaswom Board
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College, Thalayolaparambu in Vaikom Group.
2. We have perused the report and also the photographs placed on record along with Petition No.6 of 2022, which were considered by the learned Ombudsman. Before the learned Ombudsman, the Senior Deputy Director of Kerala State Audit submitted remarks dated 19.05.2022.
3. The learned Senior Government Pleader seeks a short adjournment to get instructions from the respondent.
4. Having perused the materials on record and also TDB Report No.24 of 2022 of the learned Ombudsman, we deem it appropriate to direct the Travancore Devaswom Board to take necessary steps to ensure that the building in question, which requires immediate repair, is not used for any purpose and the students, staff and teachers of the institution are not permitted entry to that area before undertaking the repairs.
5. We request the learned Ombudsman to conduct inspection, initially on the other three colleges which are at Sasthamcotta, Pamba and Eramallikkara in order to find out whether similar structures are there in those institutions.” 3.
Heard the learned Standing Counsel for Travancore Devaswom Board, the learned Senior Government Pleader for Keala State Audit Department and also the learned Amicus Curiae for Ombudsman.
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4.
The learned Senior Government Pleader, on instructions, would submit that before the learned Ombudsman, Kerala State Audit Department has filed their remarks. It was after considering those remarks, the learned Ombudsman submitted TDB Report No.24 of 2022 before this Court.
5.
In paragraph 4 of TDB Report No.24 of 2022, the learned Ombudsman has stated that he visited the college on 06.06.2022 and found that the repairs are necessary to be made. At present, the spalling found on the roof are removed.
However, unless the repairs are conducted, the students sitting inside the classroom may not feel secure and attentive in the class. On inspection it was found that most of the buildings require repairs because of the absence of periodical works done to the college buildings by way of maintenance every year. The construction or reconstruction of the building at a stretch may cause financial liability and therefore, it is better to keep the buildings in good condition by carrying out the periodical repairs.
6.
The learned Ombudsman suggested that while
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granting the approval sought for, this Court may direct the Devaswom Board to conduct annual inspection of the buildings of the college during summer vacation by the Engineering Wing and to submit report suggesting the repair works to be attended to and be carried out without any reluctance as any damage to the building and falling of the spalling will be dangerous to the students and staff working in the college.
7.
Having considered the materials on record and also the submissions made by the learned counsel on both sides, we find that this DBP can be disposed of based on TDB report No.24 of 2022 of the learned Ombudsman, granting approval for the award of contract for the work of special repairs to the buildings for increasing service life of Devaswom Board College, Thalayolaparambu, Vaikom Group, subject to the observations made by the learned Ombudsman in the said report.
8.
Execution of the work and its expenditure shall be subject to the audit of the State Audit Department. It is for the concerned officers of the Travancore Devaswom Board to take necessary steps to ensure that the audit in respect of the
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said works completed within the statutory time limit.
9.
As suggested by the learned Ombudsman, the Board shall conduct periodical audit of the buildings.
10. In the order dated 11.10.2022, we have requested the learned Ombudsman to conduct inspection, initially on the other three colleges which are at Sasthamcotta, Pamba and Eramallikkara in order to find out whether similar structures are there in those institutions.
11. Today, when this matter is taken up for consideration, the learned Amicus Curiae would submit that the learned Ombudsman proposes to conduct inspection on those institutions and that the date of inspection shall be notified to the learned Standing Counsel for Travancore Devaswom Board.
12. In such circumstances, we deem it appropriate to direct the petitioner Board to take necessary steps to ensure that the concerned officers with necessary files are present at those educational institutions at the time of inspection of the learned Ombudsman.
13. The Chief Engineer, Travancore Devaswom Board
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shall get necessary instructions from the concerned Executive Engineer on the condition of structures in the aided and unaided schools under the management of the Travancore Devaswom Board. Any matters which require interference shall be brought to the notice of this Court by filing appropriate applications, which shall be numbered as DBA.
Report of the learned Ombudsman after conducting inspection shall be placed before the Bench immediately, which shall be numbered as TDB Report.
Registry to issue a copy of this order to the learned Ombudsman.
Sd/- ANIL K. NARENDRAN, JUDGE
Sd/- P.G. AJITHKUMAR, JUDGE
AV/15/10