15 In the backdrop of the aforesaid decisions, we have examined the case in hand. The Petitioner has specifically relied upon the guidelines issued by the RDSO and has argued that the guidelines of January, 2015, which excluded the mechanized cleaning of coaches of Indian Railways, was the right approach. However, the RDSO itself has amended the guidelines in August, 2015 which have been approved and given effect too by the Railways itself and it has included “mechanized cleaning coaches of Indian Railways” in the category of “similar work” for AMOC of bio-toilets. The Railways have offered a justification for the same, which according to us, is found to be plausible that since the Railway had invited the tender for the previous years for AMOC but no bidders had come forward to participate in the tender process. Reliance is placed on the fact that the concept of “bio-toilets” is forthcoming concept and the scope of work of AMOC would cover plumbing, fitting, collections of samples, exterior cleaning etc. which is to be carried out by deploying the requisite manpower. As per the tender document, the Railway itself thought it fit to include the agency, having expertise of mechanized cleaning of coaches of Indian Railways or those agencies who have the experience of supply/fitment of biotoilets in coaches of Railways to be qualified of the work.
