IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22335 of 2008 Between: Gouthami Vadderaq Labour Contract, Co-operative Society, Nawabpet Village, Kaddam Mandal, Adilabad District, rep. by its President A.Mallesh, S/o. Narsaiah, Aged:35 yrs, Nawabpet Village, Kaddam Mandal, Adilabad District. ..... PETITIONER AND 1 The Executive Engineer RWS & S Division, Adilabad, AP Compound, Adilabad Proper and District. 2 The District Collector, Adilabad District, Adilabad. .....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 to issue a writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondent No.1 in not following the rule of exempting the payment of the EMD and rule of reservation for allotting the tenders in favour of the Schedule castes and schedule tribes labour contract societies in tender notiﬁcation No. AE1/02/2008-2009 dated. 5-9-2008 issued by the respondent No.1 and not issuing the tender schedules in free of cost to the petitioenr society and not indicating the payment of EMD is exempted and reservation to the Schedule castes and schedule tribes labour contract societies, as arbitrary, illegal, null and void and voilative of Article 14 and 21 of the constitution of India. Consequently direct the respondent No.1 to follow the circulatr Memo No. 13628/K1/200-1 dted. 14.10.2002 and exempt the EMD to the Petitioner society and to issue the tender schedules on free of cost and follow the rule of reservation in allotting the tenders enabling the petitioner societies to participate in tender notiﬁcation issued by the respondent No.1 in tender notice No. AE1/02/2008-2009 dated.5-9-2008 to pass such Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following Order: The petitioner claims to be the society comprising of members belonging to Scheduled Caste. They intend to submit tenders for various works, in response to the notice issued on 05-09-2008. Their grievance is that the respondents are not supplying tender schedules, free of cost, and not extending the other beneﬁts, as prescribed by the Government, from time to time. Heard the learned counsel for the petitioner and learned Government Pleader for Panchayat Raj. The Government provided for various incentives for the societies, comprising of the members of the Scheduled Castes and Scheduled Tribes, in context of awarding works. For instance, they are exempted from the requirement of depositing EMD, and tender schedules are to be supplied to them, free of cost. In case, the petitioners fulﬁll the conditions, there is no reason why they cannot be extended the benefits. Hence, the writ petition is disposed of, directing that the respondents shall extend all the beneﬁts to the petitioner- society, in the context of supply of tender schedules, or granting exemption from depositing EMD, in case they fulﬁl the prescribed conditions. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt:14-10-2008 Note:Wire at party’s cost bo usd