IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13734 of 2008 Between: 1 The Madiga Prajarogya Karmika Pillala Municipal Sanitary labour Contract Co-operative Society Ltd., Raghunath Colony, Ramannapet, Warangal (Reg. No. 1001/FR) rep by its President Kodakandla Sadanandam, S/o Sommaiah aged 30 years R/o Raghunath Colony, Ramannapet, Warangal. 2 M/s. Babu Jagjeevan Ram Dalitha Municipal Sanitary Labour Contract PSSS Ltd. warangal, rep by President Kummari Sadanandam S/o yellaiah aged 35 years R/o Pothan Nagar, Warangal. 3 M/s. Mattaewada Adarsha Mahila Dwacua Group, rep by its President B. Uma Devi W/o Srinu R/o 14-3-144, Mattawada, mandibazar, Warangal 4 Arundathi Dalitha Municipal Sanitary Paraspara Sahaya Sahakara Sangam Ltd., (Reg. No. aMC. WGL. DCO. 2003/448).Rep by its President M. Ravinder, S/o Mohan aged about 32 R/o Rapaiahpet, Warangal. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh Rep by its Secretary Municipal Administation & Urban Development(G), Department, Secretariat Buildings, Hyderabad. 2 The Commissioner, Warangal Municipal Corporation, Warangal. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or Direction particularly a Writ in the nature of Mandamus declare the action of the 2nd respondent in violating Tender Condition No.3 of Tender Notification ROC No. F1/3129/2007-08 dated 27-03-2008 by rejecting the petitioner tender Application on ground of insufficient EMD Amount, by selecting in-Experienced Candidates by violating G.O.Ms. No. 581MA dated 6-11-1996 and also violating orders in WP No. 7431/2008 and G.O.Ms. No. 30 MA dated 18-1-2000 without without leaving any units to filing on nominations bases is illegal, Arbitrary, violations of principals of natural justice and without jursidiction and consequently queshed the Tender Notification Roc. No. F1/3129/2007-08 dated 27-03-2008 and pass order or orders as this Hon'ble Court may deem fit in the circumstances of the case. Counsel for the Petitioner:MR.G.SIMHADRI Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13734 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are four in number with a prayer to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Commissioner, Warangal Municipal Corporation, Warangal in violating tender condition NO.3 of Tender Notification Roc.No. F1/3129/2007, dated 27-3-2008 and rejecting the petitioners’ tender application on ground of insufficient EMD is illegal and arbitrary. 2. Each of the Petitioners societies consists of 20 to 25 of retired health workers and their children called Prajarogya Karmika Pillala and all the members belong to Scheduled Caste and other weaker sections The members of the petitioner society eke out their livelihood by executing the sanitation works in the Warangal Municipal Area. The petitioners societies got registered under Societies Registration Act in the year 1990. On the representation of the Andhra Pradesh Municipal and Panchayat Workers Federation, Guntur and the Andhra Pradesh Municipal Employees Federation, the state Government decided to entrust the sanitation work where there is a need in Municipalities/Municipal Corporations to the societies formed with the retired public Health Workers or their dependants and accordingly G.O.Ms.No. 581 M.A. dated 6-11-1996 came to be issued. Subsequently the Government issued G.O.Ms.No. 30, M.A. dated 18-1-2000 whereby all the Commissioners of Municipalities and Municipal Corporations were directed to entrust a portion of the work to the socities formed by the sanitary workers unions without participating in the tenders. 2nd Respondent issued tender notification vide ROC.No.F1/3129/2007-08, dated 27-3-2008 to execute the sanitation works inviting applications from the registered Dalith Sanitary Labour Contract Societies, Dalith Dwacra Societies and Prajarogya Karmika Pillala in 54 units and 5 main roads of the Corporation,. The petitioners societies submitted their tenders but their tenders came to be rejected on the ground of not paying EMD of Rs.15,000/-. The action of the 2nd Respondent in rejecting the tenders is assailed in this writ petition. 3. Respondents filed counter. One Uppala Venkatramaiah has sworn to the counter affidavit. It is stated in the counter affidavit that the petitioners participated in the works allotted to the General Category and therefore, EMD of Rs. 15,000/- was required to be deposited and since they deposited only Rs. 10,000/-, their tenders came to be rejected. For better appreciation paras 12 and 13 of the counter affidavit needs to be noted and it is thus: “12. In reply to para 11 of the affidavit, it is submitted that it is true the petitioner and others filed W.P.No.7431 of 2008 and the same is disposed of on 8-4-2008. This respondent authority strictly followed the directions of the Hon’ble Court and the orders of the Government. It is submitted that as per reservation categories i.e. 9 units for Dwacra, 9 units for under G.O.Ms.No. 3 and 9 units for S.C./S.T. Waddera and the remaining units are for open category. All the applications received from the applicants are scrutinized and selected openly in the Municipal Counsel Hall before the officials, corporators, applicants and the media people. It is humbly submit that the petitioners are not filed any grievance before this respondent authority before or after selecting the units of sanitation work. The petitioners are misrepresented the facts before the Hon’ble Court to get wrongful gain all the unit works fulfilled as per procedure. 13. In reply to para 12 of the affidavit, it is submitted that it is clearly mentioned with regard to E.M.D. amount i.e. Rs. 10,000/- to Dwacra groups, Dalith Sanitary Labour Contract Societies and Prajarogya Labour families and Rs. 15,000/- to others. The petitioner submitted his application under the General Category and he applied the application under General unit i.e. Unit NO.20, therefore, he must be paid Rs. 15,000/-, but he was paid Rs. 10,000/- only, hence rejected the application. The allegation is false that this respondent selected the candidates by its whims and fancies. Hence hereby denied. This respondent authority is always obey the orders of kind authorities and never violated the Government orders. This respondent strictly followed the government orders and the directions of the Hon’ble Court and there is no merits in this petition and liable to be dismissed and the petitioners approached the Hon’ble Court with unclean hands by suppressing the real facts”. 4. When W.P.M.P. came for consideration, with the consent of counsel appearing for the parties, the writ petition itself is taken up for final hearing. 5. Heard learned counsel appearing for the petitioners and learned standing counsel appearing for the respondent No.2. 6. Learned counsel appearing for the petitioners submits that as per tender notification the petitioners being the societies comprising the retired Health Workers and their Children and the Scheduled Caste and Weaker Sections are required to be deposit only Rs.10,000/- for any category of works and therefore, rejection of their tender on the ground of not paying Rs.15,000/-as E.M.D. is not sustainable. Learned counsel took me to the tender notification dated 27-3-2008. 7. Learned standing counsel appearing for the 2nd respondent submits that the petitioners participated in respect of general category works and in which case they should deposit Rs.15,000/- EMD and since they did not pay the requisite EMD of Rs.15,000/-, their tenders came to be rejected. For better appreciation of rival contention of the parties, I deem it appropriate to extract the tender notification, translated copy which is at page 36 of the material papers. “Municipal Corporation Warangal R.O.C.No. F1/3129/2007-08 Dated: 27-3-2008 INVITING TENDERS FOR PRIVATESANITATION It is hereby informed that Registered Societies of Dalith Sanitary Labour Contract Societies, DWACRA Groups and other labour Registered Contractors, in the Warangal Municipal Corporation Area, the Corporation identified 54 Sanitary units, out of that 9 units for Scheduled CasteScheduled Tribes/ Waddar Societies, 9 units for DWACRA Groups and 9 units in accordance with G.O.Ms.No. 30 dated 18-1-2000 and 27 units for General Category are allotted for private sanitation work for one year i.e. 21-4-2008 to 20-4-2008 inviting sealed tenders by the Warangal Municipal Commissioner on 15-4-2008 at 3-00 p.m. Tender applications received in time, the same will be open on 16-5- 2008 at 3-00 p.m. by the Commissioner or Authorized Municipal Health Officer or Additional Commissioner, if the Corporation received more applications, for the one unit, the same will be open on 19-4-2008 at 11-00 a.m. in the counsels Hall by selecting through Lottery System, I submit, that the said notification is contrary to the order of the 1st respondent. Eligibility: 1. On 15-4-2008 upto 2-00 p.m. tender schedules are available for depositing Rs.2000 in the Municipal Treasurer by obtaining receipt. The said sum shall not be refunded. 2. The Tender schedules are available from 2-4- 2008 to 15-4-2008 during working hours in the office and other conditions and details contact Health Officer. 3. The EMD was fixed as Rs. 10,000/- for Dalith Sanitary Labour Contract Societies, Dawcra Groups and Prajarogya Karmika Pillala and for other s was fixed as Rs.15,000/-. The same shall be obtain DD in favour of the Commissioner, Warangal Municipal Corporation. The same shall enclosed along with Tender schedules. 4. Earlier, the Society Work was cancelled due to non-performing the work, the said societies or groups are not eligible. The Tenders can be rejected without giving any reasons. Sd/-Warangal Municipal Corporation”. 8. Under the above referred notification, tenders have been called for in respect of various categories works. It is evident from the condition No.3 in the notification that any person desiring to participate for general category, an amount of Rs. 15,000/- is required to be deposited towards EMD. Indisputably, the petitioners participated for general categories of works, but they paid Rs.10,000/- towards EMD. In case they desire to tender for the works under General Category, the amount required to be deposited towards EMD is Rs.15,000/-. Indisputably the petitioners had not deposited Rs.15,000/-, therefore, the action of the second respondent in rejecting their tenders cannot be faulted. 9. Accordingly, this writ petition is dismissed. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 23rd July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13734 OF 2008 23rd July, 2008.