IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION NO.23872 OF 2010 DATED:07.07.2011 Between: M/s. Vijayshanthi Instruments Corporation Rep. by its Proprietor Mr. Jitendra Kumar Jain S/o. Sha Ambalal Having its office at 5-3-654/1 Topkhana, Hyderabad … Petitioner And State Project Director Sarva Shiksha Abhiyan (SSA) Rajiv Vidya Mission (RVM) SCERET Campus, Opp. LB Stadium Basheerbagh, Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION NO.23872 OF 2010 ORDER: Rajiv Vidya Mission (Sarva Shiksha Abhiyan) through its Project Officer, Anantapur, issued a tender notification dated 30-11-2007 for procurement of Teaching and Learning Equipments (TLE) material. The petitioner applied for the tender along with required sample material and earnest money deposit of Rs.1,00,000/-. The fourth respondent issued a letter to the petitioner on 24-3-2008 calling upon the petitioner to participate in the technical bid and the petitioner was declared to be the successful bidder and accordingly it was given the order to supply 69 TLE material. The petitioner supplied all the 69 TLE material to the fourth respondent on 9.3.2009 and after verification 37 charts were found to be in order. Out of the remaining 32 charts, 26 charts were recommended by the committee for rectification, as they were having minor defects; 2 charts were found to be totally defective and could not be rectified; and 3 charts were available in sample charts but not in supplied charts. The petitioner was duly informed on 3.4.2010 about the defects and accordingly the petitioner rectified 24 charts out of 26 charts. The case of the respondents is that out of the 26 charts, only 19 were rectified and not 24 as claimed by the petitioner. The petitioner was directed to rectify the remaining 5 charts. Counsel for the respondents submits that till date the petitioner has not rectified the remaining 5 charts. He further submits that the petitioner was duly informed on 16.10.2010 to depute one person to collect the selected charts and get quality certification from the Central Institute of Plastics Engineering and Technology (CIPET), Hyderabad, but the petitioner has not deputed any person. Counsel for the petitioner submits that the petitioner has already deputed a person for that purpose, and now also it is ready and willing to depute a person in order to rectify the 5 charts. He further submits that for the charts that are already collected by the petitioner, the respondents have to issue distribution order forthwith to the petitioner for distribution of TLE material in accordance with the specifications. As far as the remaining 5 charts are concerned, the petitioner will depute a person within one week from today and get a certification as per the specifications approved expeditiously. After hearing the counsel for the parties, this writ petition is disposed of with a direction to the respondents that they shall place distribution order for 56 charts -- 37 charts already cleared earlier and 19 charts, which have been cleared subsequently -- within a period of two weeks from the date of receipt of certified copy of this order. As far as remaining 5 charts are concerned, in case the petitioner satisfies the tender conditions with regard to quality, then distribution order shall be placed forthwith. No costs. _______________________ ASHUTOSH MOHUNTA, J 07.7.2011 bnr