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2022 Supreme(AP) 66

U.DURGA PRASAD RAO
Attal Plastics – Appellant
Versus
State of Andhra Pradesh Department of School Education Secretariat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C Subodh

ORDER :

The petitioner seeks writ of mandamus declaring the action of respondents in issuing tender notification No.SS-16021/3/2021-CMO SEC-SSA/7/2021-22, dated 15.03.2021 for supply of school bags to all students studying class I to X in Government/MPP/ZPP/Municipal/Residential Schools/Ashram Schools/Aided Schools/Model Schools/KGBVs of education and Welfare Departments, etc., in the State of Andhra Pradesh during the academic year 2021-22 by incorporating unreasonable eligibility criteria conditions with regard to average annual turnover and furnishing of solvency certificate as illegal, arbitrary, unreasonable and violative of Article 14 of Constitution of India and consequently to set aside the aforesaid tender notification and direct to issue a fresh tender notification.

2. Petitioner’s case succinctly is thus :

(a) The petitioner is a proprietary concern engaged in manufacturing of school bags and other bags and supplying to several State Governments by participating in tenders. The 2nd respondent issued e-procurement tender notification (reverse tendering process) No.SS-16021/3/2021-CMO SEC-SSA/1/2021-22, dated 21.01.2021 for supply of 43,88,687 number of school bags to 4034 de

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