IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.624 of 2009 Between: Reads N.G.O, (Non-Governmental Organization) Regd.No.689/2004, rep. by its General Secretary V.Srinivasa Reddy S/o. Bhoja Reddy, Having its office at H.No.1-2- 1251, Pitruchaya Nilayam, Shantinagar, Adilabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, rep. by its Secretary, Department of Medical & Health, Government of A.P., Secretariat, Hyderabad. 2 The State of Andhra Pradesh, rep. by its Secretary, Department of Employment & Training, Secretariat, Hyderabad. 3 The Director, Rajiv Gandhi Institute of Medical Science, Adilabad, Adilabad District. 4 The District Collector, Adilabad District, Adilabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in rejecting the tender application form of the petitioner submitted on 29.12.2008 on the flimsy ground of not clearly mentioning the percentage of service charge by accepting the other 7 tenders, who have not fulfilled the terms and conditions of tender notification, as arbitrary and consequently direct the 4th respondent to accept the tender application form submitted by the petitioner on 29.12.2008, which was rejected on 30.12.2008 by canceling the received/accepted 7 tenders by the 4th respondent. Counsel for the Petitioner: MR.MOOSA AHMED Counsel for Respondents: GP FOR MEDICAL HEALTH & FAM.WELFARE GP FOR EMPLOYMENT & TRAINING The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.624 OF 2009 ORDER: Heard both sides. According to the petitioner, pursuant to a tender notification dated 12.12.2008 issued by the District Employment Officer, Adilabad, calling for tenders from the registered Outsourcing Agencies for supply of contract labour for providing outsourcing services to the 3rd respondent establishment, it has submitted its tender application on 29.12.2008 enclosing all the required documents. It is its case that on 30.12.2008, tenders were opened by the Joint Collector, Adilabad, and seven tenders were accepted, but its tender application was rejected on the ground that the percentage of service charge was not mentioned properly/clearly. The petitioner contends that it has mentioned the percentage of service charge clearly as 0.50 ps., but its tender application was rejected only to favour other tenderers, and in this regard a representation dated 07.01.2009 was also submitted to the 4th respondent- District Collector, Adilabad, ventilating its grievances, but no action has been taken thereon till date, and on the other hand, the authorities are proceeding to finalize the matter by awarding contracts. In the facts and circumstances of the case, without expressing any opinion on merits, the 4th respondent and the Joint Collector, Adilabad, are directed to consider the representation purported to have been submitted by the petitioner on 07.01.2009 and pass appropriate orders as per law within a period of two weeks from the date of receipt of a copy of this order. Till such time, the tenders opened on 30.12.2008 shall not be finalized. With the above directions, the writ petition is disposed of. There shall be no order as to costs. _________________ JUSTICE C.V. RAMULU 22nd January, 2009. Note:- Issue CC in three days. BO IBL