HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6497 of 2010 23rd March 2010 Between: M/s Pakala Harijana Labour Contract Co-operative Society Ltd., rep. by its President, S.Jala Rao … PETITIONER(S) and The Hospital Development Society, Ongole, rep. by its Chairman and others … RESPONDENT(S) THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 6497 OF 2010 ORDER: Heard Sri S.Sridhar Rao, Learned counsel for the petitioner, and Sri C.P.K.V.Sastry, learned Standing Counsel appearing for the respondents. At their request the writ petition is being disposed of at the stage of admission. Petitioner herein seeks a direction to the 2nd and 3rd respondents to extend the sanitation contract awarded to the petitioner earlier in respect of the Mother & Child Hospital, Ongole. The petitioner is a society registered under the A.P. Cooperative Societies Act, 1964. It has been undertaking sanitation works at the Mother & Child Hospital, Ongole, from 1.6.2007 till 17.2.2010. While matters stood thus, the 2nd respondent issued a notification on 4.11.2009 inviting tenders for sanitation work at the Mother & Child Hospital, Ongole. Pursuant thereto 6 bidders participated and the petitioner’s bid was found to be the second lowest. The contract was, however, awarded to M/s Sai Ram Development Society which resulted in the petitioner filing W.P.No.75 of 2010 which was dismissed by order dated 8.2.2010 on the ground that the petitioner did not possess a valid licence, under the Contract Labour (Regulation and Abolition) Act, 1970, as stipulated under the tender conditions. The respondents, however, permitted the petitioner to continue to provide sanitation services to the Mother & Child Hospital, Ongole. The contract awarded to M/s Sai Ram Development Society, in Rc.No.47/D/2009 dated 16.2.2010, was the subject mater of challenge in W.P.No.4290 of 2010 and this Court, by order dated 24.2.2010 in W.P.M.P.No.5550 of 2010, suspended the award of contract. It is the petitioner’s case that, in the light of these events, he had submitted a representation to the 2nd and 3rd respondents on 5.3.2010 seeking extension of the sanitation contract and to be permitted to continue to provide sanitation services as the award of the contract in favour of M/s Sai Ram Development Society had been stayed by this Court. The petitioner had invoked the jurisdiction of this Court earlier in W.P.No.75 of 2010 questioning the award of contract in favour of M/s Sai Ram Development Society on the ground that the bid submitted by them was lower than the bid of M/s Sai Ram Development Society. This Court, by order dated 8.2.2010, held that, since the petitioner had not complied with the tender conditions and had not obtained the license stipulated under the Contract Labour (Regulation and Abolition) Act, 1970, they were not qualified to participate in the tender process and could not seek award of contract in their favour. As the petitioner was held disentitled for being awarded the contract, the mere fact that the contract, awarded in favour of M/s Sai Ram Development Society, has been stayed by this Court would not entitle the petitioners to seek a mandamus from this Court either to permit them to continue rendering sanitation services or to direct the 2nd and 3rd respondents to consider their representation in this regard. As the petitioners were held disqualified in the tender process, and this Court, by order in W.P.No75 of 2010 dated 8.2.2010, had dismissed the writ petition filed by the petitioner, I see no reason to issue a mandamus directing the 2nd and 3rd respondents to permit the petitioner to continue to render sanitation services or to consider the representation submitted by them. The writ petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. ___________ 23-3-2010 Cvrk/asp