IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 9527 of 2008 Between: M/s. Glory Advertising Corporation, rep. by its Proprietor: G.Kishore D.No.12-2-826/A/21, LIC Colony, Mehdipatnam, Hyderabad. ..... PETITIONER AND The Government of A.P. rep. by its Special Commissioner, Department of Information & Public Relations, Samachar Bhavan, Hyderabad-28. .....RESPONDENT 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 order or direction more particularly one in the nature of Writ of Mandamus, declaring the Condition No.2 in the Tender Notice No. 18546/Advt.II/2007, dt. 17.4.2008 that the Tenderer should have done the work worth at least Rs.20 lakhs in Government undertaking in one calender year as illegal, arbitrary and violation of the rights enumerated in the constitution of India and consequently, direct the respondent to delete the condition No.2 in the above said Tender Notice 18546/Advt.II/2007, dt. 17.4.2008 and pass such other order or orders. Counsel for the Petitioner:MR.KANAKAMEDALA RAVINDRA KUMAR Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 9527 of 2008 11-06-2009 Oral Order: The writ petition is misconceived. The petitioner is an ad-agency with particular business emphasis on undertaking advertisements through Pole Boards. The respondent issued a tender notification on 17-04-2008 calling for tenders for empanelment with the Information and Public Relations Department for advertisements by way of Pole Boards. Condition No.2 of the tender notification requires that for submitting bids one should have executed Pillar Board advertisements work of a value of Rs.20,00,000-00 in a calendar year for or on behalf of Government agencies. The petitioner contends that this is an arbitrary condition. Except stating that the condition is arbitrary, the petitioner does not substantiate in what measure and for what reason this condition is arbitrary. Normally subject to establishment of perversity, the Government has the right to specify the qualifications for execution of public works. Considerable deference would be given to the assessment of the experts as to what degree of experience is rationally suited for execution of public works. It is not within the province of this Court under Article 226 of the Constitution of India to sit in appeal over the views of the experts who identify appropriate norms for qualification of bidders for public works. In the absence of the petitioner establishing clearly that the conditionalities or eligibility qualifications are wholly perverse or substantially extraneous to the purposes for which the works are notified in tender, no interference is called for. No such demonstration is apparent in this writ petition. The writ petition is misconceived and is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 11-06-2009 Pvks