Sri Venkateswara Association Vs the State of Ap

SRI VENKATESWARA ASSOCIATION, REP.BY ITS PRESIDENT K. RAVI KUMAR S/O. K. VENKATA RAO AGED ABOUT 46 YEARS, OCC. DIET CONTRACTOR R/O.H.NO.556B, 2ND LANE, RAILPETA ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH

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...PETITIONER

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AND

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THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE COMMISSIONER OF HEALTH AND FAMILY WELFARE AND STATE LEVEL COMMITTEE, VIJAYAWADA, NTR DISTRICT ANDHRA PRADESH

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THE DISTRICT DIET MANAGEMENT COMMITTEE, REP.BY ITS CHAIRMAN-CUM-JOINT COLLECTOR-I, ONGOLE,. PRAKASM DISTRICT, ANDHRA PRADESH

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THE DISTRICT COORDINATOR OF HOSPITAL SERVICESCUMCONVENER, THE DISTRICT DIET MANAGEMENT COMMITTEE, A.P.VAIDYA VIDHANA PARISHAD, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd and 4th respondents in not finalizing the Tenders issued under vide Notification Rc.No.07/E 1 /DCHS/ 2023 Dt.01-052023 for supply of diet to the inpatients and duty Doctors for the Area Hospital, Chirala, Community Health Centers, Darsi 86 Kanigiri and Mother and Child Hospital, Ongole in spite of that the technical bid as well as financial bid opened is illegal, arbitrary and unjust and consequently direct the respondents to finalize the tenders in pursuant to the Tender Notification Rc.No.07/E1 / DCHS/ 2023 Dt.01-05-2023 and award the contract in favour of the petitioner Association as per its qualification and eligibility and pass

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Counsel for the Petitioner:

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1.KAVITHA GOTTIPATI

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Counsel for the Respondent(S):

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1.GP FOR MEDICAL HEALTH FW(AP)

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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W.P.No.25184 of 2023

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This Court made the following

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ORDER:

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Learned counsel for the petitioner submits that the present writ petition is filed challenging the Tender Notification issued by the Respondent Nos.3 and 4 herein for supply of diet to the inpatients and duty Doctors for the Area Hospital, Chirala, Community Health Centers, Darsi & Kanigiri and Mother and Child Hospital, Ongole on the ground that even though the petitioner qualified in technical bid as well as financial bid, without considering the same the Respondent Authorities are proceeding to finalize the tenders by awarding the contract to other bidders.

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2. Learned counsel for the petitioner submits that since the petitioner is qualified in technical bid as well financial bid and the bid of the petitioner would be considered along with other bidders who are qualified in the tender. Further, learned counsel for the petitioner submits that pursuant to the submissions made by both the counsel, this Court directed the respondents not to issue any fresh tenders in

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respect of Hospitals for which this petitioner submitted tenders. Pursuant to the orders of this Court dated 16.10.2023, so far the tenders in respect of three Hospitals for which bids were submitted by

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the petitioner not finalized. Learned counsel for the petitioner further submits that let there a direction to the respondent authorities to consider the bid of the petitioner along with other qualified bidders since the petitioner was qualified in technical as well as financial bids.

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3. On the other hand, Respondent No.4 filed counter inter-alia

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contending as under:

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“2. It is submitted that the averments made in para 2 of the writ affidavit with regard not finalizing the tenders issued under notification Rc.No.07/E1/DCHS/2023, dated 01.05.2023 for supply of diet to the InPatients and Duty Doctors at Area Hospital, Chirala, Community Health Centers Darsi, Kanigiri and MCH, Ongole, in spite of technical bid and financial bids are opened. The allegation is not correct. At the time of opening of the Technical and Financial Bids, one of the tenderers M/s Kotha Poli Reddy catering Services, Addanki has approached to Honorable High Court for cancellation of same tender notification and procured stay orders from Honorable High Court. Due to this reason DDMC, Prakasam was not able to finalize the tender process in above Hospitals. After disposal of writ petition which is filed by M/s Kotha Poli Reddy, the DDMC, Prakasam has re-started the selection process.

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3.It is submitted that with regard to the averments made in Para-4 of the writ affidavit, petitioner made allegations that the financial bid of tenders who are not qualified in Technical bid has been opened. The allegations are not true and baseless. Further he stated that only three hospitals tenders were finalized and remaining were not finalized. The DDMC considered where two or more than two tenderers qualified in financial bid i.e., in only three hospitals, therefore the remaining Hospitals Diet Suppliers were not fianlized.

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It is submitted that The District Diet Management Committee has decided to go for the retendering for the following hospitals

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a) Hospitals where only one tenderer is qualified in financial bid

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b) Where only one tender is received.

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c) Where no tenders are received.

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Hospitals where only one Tenderer is qualified in Financial Bid

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(1) MCH, Ongole (2) AH, Chirala (3) CHC, Darsi

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Hospitals where only one tender is received.

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(1) CHC, Chimakurthy (2) CHC, Kondepi (3) CHC, Podili (4) CHC, Martur (5) CHC, Parchur

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Hospitals where no tenders received.

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(1) CHC, Ulavapadu (2) CHC, Pamur

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4. Learned Government Pleader submits that subsequent to the impugned tender notification, the 4^th respondent also issued another Tender Notification dated 15.12.2023 and finalized the tenders in respect of all the Hospitals except three hospitals against which the interim order dated 16.10.2023 is in operation.

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5. Heard learned counsel for the petitioner and learned Government Pleader for Medical & Health and perused the material placed on record.

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6. The fact remains that the petitioner herein was awarded contract in respect of one of the area hospital i.e., Area Hospital, Yerragondapalem vide proceedings dated 29.04.2023 pursuant to the tender notice dated 18.03.2023. It is the case of the petitioner that he submitted bids for other Hospitals pursuant to the tender notification dated 18.03.2023 that are Area Hospital, Chirala, Community Health Centers, Darsi & Kanigiri and Mother and Child Hospital, Ongole but in respect of these area Hospitals, the authorities not finalized the tenders due to interim orders passed by this Court. Again the 4^th Respondent floated another tender notification dated 01.05.2023 in

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which the petitioner also submitted his bids in respect of some of the Hospitals. It is further observed that in view of the interim orders of this Court for which bids were submitted by the petitioner was left over and the respondent Authorities proceeded further and floated tender notification and finalized tenders in respect of all other area Hospitals.

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7. On perusal of the material the entire grievance of the petitioner is that the bids of the petitioner in respect of three Hospitals should be considered along with other qualified bidders since the petitioner’s technical as well as financial bids were qualified. If the bids of the petitioner are qualified as per the terms of the tender, it is the mandatory duty cast upon the Tendering Authority that the petitioner’s bids should be considered in terms of the Tender Notification. If the technical as well as financial bids of the petitioner are not qualified, the Tendering Authority shall issue proceedings informing to the petitioner for which he is not qualified. In the absence of any such proceedings informing the petitioner that his bids are not qualified, it is deemed that the petitioner’s bids are under consideration. On perusal of the entire material filed along with the writ petition nowhere it was found that the petitioner received such proceedings from the Tendering Authority. In the absence of any specific or categorical proceedings informing the

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petitioner that his bids are not qualified and not considering along with other bidders, it is an apprehension on the part of the petitioner that the respondent authorities are proceeding without considering the bids of the petitioner. Admittedly, so far bids are not finalized pursuant to the Tender Notification dated 01.05.2023.

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8. In view of the reasons as stated above, this Court is inclined that the Writ Petition to be disposed of giving liberty to the Respondent Nos.3 and 4 to proceed further and finalize tenders pursuant to the Tender Notification dated 01.05.2023. Since the period of tender has already been completed, if the Respondent Authorities intended to float a fresh Tender Notification, they are at liberty to float fresh Tender Notification and the petitioner is at liberty to submit his bids afresh in terms of the proposed Tender Notification.

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9. Accordingly, the Writ Petition is disposed of. No costs.

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Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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_________________________________ VENKATESWARLU NIMMAGADDA, J

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DT: 05.02.2026 krk

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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA