THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14644 of 2009 Date:07.07.2011 Between: Chaitanya Yuvajana Samkshema Sangham ..... Petitioner AND The Government of Andhra Pradesh, represented by its Secretary, Health, Medical and Family Welfare Department, Hyderabad and others .....Respondents Counsel for the Petitioner: Sri Vladimeer Khatoon for Sri N.V.Anantha Krishna Counsel for Respondents: Assistant Government Pleader for Medical Health and Family Welfare The Court made the following: ORDER: At the interlocutory stage, the writ petition itself is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a mandamus to declare the action of the respondents in calling for fresh tenders without finalizing the tenders submitted in pursuance of tender notification in Rc.No.3578/E5/2009 dated 21.05.2009 as illegal and arbitrary. Respondent No.3 has issued the tender notice dated 21.05.2009 inviting tenders for executing sanitary works in Government General Hospital, Kakinada. The petitioner is one of the tenderers, which is claimed to be the lowest offerer. However, within a short period thereafter, respondent No.3 has issued a fresh tender notice dated 17.07.2009 for the same purpose. Questioning this action, the present writ petition is filed. The main plea on which the writ petition is based is that the petitioner offered the lowest amount which ought to have been accepted and the respondents are not justified in ignoring his offer and calling for fresh tenders. In the counter-affidavit filed by respondent No.3, it is inter alia stated that the tenders filed in pursuance of tender notice dated 21.05.2009 were opened on 01.06.2009 and that it was found that out of the four tenderers, who satisfied the criteria, the petitioner and two other tenderers have not submitted experience certificates along with the tender schedules and the other tenderer quoted higher rates. It is further stated that in view of the above facts, respondent No.2, who is the Chairman of the Hospital Development Society has passed an order calling for fresh tenders. No reply affidavit is filed controverting the above allegations. The law is well settled that a tenderer does not have indefeasible right for insisting on acceptance of his tender merely because he has offered the highest or lowest price as the case may be. Ordinarily, the employer has the right to choose the contractor and unless the right so exercised is found to suffer from arbitrariness or discrimination, this Court exercising jurisdiction under Article 226 of the Constitution of India does not interfere with such exercise of power. In the instant case, the respondents have come out with cogent and convincing reasons for not accepting the petitioner’s tender and issuing the fresh tender. Therefore, the petitioner failed to make out any case of arbitrary exercise of power by the respondents. In the premises as above, the Writ Petition is dismissed. As a sequel to dismissal of the writ petition, interim order dated 28.07.2009 in W.P.M.P.No.19203 of 2009 is vacated and W.P.M.P.No.19203 of 2009 and W.V.M.P.No.3266 of 2009 are dismissed as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 07th July, 2011 GHN