The Rajasthan High Court has cancelled the PHED circular under which tap connections were provided through contractors for 8100 rupees.
The court clarified that it is legally mandatory to issue a notification for any amendment in the Rajasthan Water Supplier Rules, 1967. It cannot be changed merely through an office order or circular.
Justice Shubha Mehta gave this important order on the petition of the PHED Contractor Welfare Committee. The court said that issuing rules through notification is a legal process.
Changes cannot be made in such rules through administrative orders or circulars. According to the court, the entire process of tap connection was affected by the circular of February 12, 2025.
In its decision, the court stated that any legal rule cannot be changed merely through an office order or administrative circular. It is mandatory to follow the prescribed legal process for this.
The court remarked that rules cannot be changed through administrative orders in the name of simplifying the process and providing convenience to the people. Administrative orders can never take the place of a statutory notification.
The entire process of tap connection was changed through the circular of February 12. This included the following tasks:
The court held that the entire system was affected by these amendments. The petitioner's side argued that this system would cause revenue loss to the government.
Advocates Babulal Gupta and Ankul Gupta, representing the petitioner, told the court that the state government had fixed a fee of 8100 rupees for tap connection by amending the rules.
Under this, contractors would get this work done through licensed plumbers. After hearing the matter, the High Court completely cancelled the rule amendment made through the circular.
After the High Court's order, the system of providing tap connections through contractors for 8100 rupees has ended for now. However, the PHED has not yet taken any decision regarding the new system.
Currently, there is a state of confusion in the department regarding the following points:
The PHED has not yet made any official decision regarding challenging the High Court's order or implementing a new system.
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