The public interest in a time-bound nutrition program may outweigh the private commercial interest of a petitioner benefiting from the relaxation of tender conditions.

ORDER :

1. With the consent of learned counsel for the parties, the Writ Petition is disposed of at the stage of admission itself.

2. The present Writ Petition is field being aggrieved by the action of the Telangana Foods (A Unit of Telangana State Nutrition Council), respondent No.1 in taking steps to finalize the tender for transportation of Balamrutham as snack food from district godowns to Anganwadi Centres in Telangana State in favour of unqualified tenderers, respondent Nos. 2 to 9, as illegal, arbitrary, violative of tender conditions under Para 19(a) of the tender notice read with subsequent corrigendum, dated 31.07.2020 and consequently, direct the respondent No. 1 to finalize the tenders in favour of the qualified bidders basing on the rates quoted by them.

3. The case of the petitioner, M/s. Lakshya Air Travels, in brief, is that it is a proprietorship firm and engaged in the business of transportation of goods including Balamrutham etc., of the respondent No. 1. Presently, the petitioner firm is in contract of transportation of Balamrutham and other snack foods of respondent No. 1 to various places in Telangana State. While so, the respondent No. 1 issued a Tender Notification, dated 31.07.2020 inviting tenders for transportation of Balamrutham as snack food from district godowns to Anganwadi District in 31 districts of Telangana State for the year 2020-2021 i.e. from 01.09.2020 to 31.08.2021. In response to the notification, the petitioner firm submitted its bid through online and the same was also accepted. However, it is the grievance of the petitioner that although the other bidders, i.e. the respondent Nos. 2 to 9 have not submitted the documents as required under Para 19(a) of the tender notice, the respondent No. 1 entertained their bids in an irregular and illegal manner, thereby putting the petitioner firm in disadvantageous position, which happens to be the next lowest bidder. Pointing out the deficiencies in furnishing the documents by the respondent Nos. 2 to 9, the petitioner firm submitted a representation dated 21.08.2020, to the respondent No. 1 with a further request not to permit them to participate in financial bid. Without considering the said representation submitted by the petitioner firm, the respondent No. 1 is taking steps to finalise the tender process. Hence, the writ petition.

4. The Managing Director of respondent No. 1 filed a counter affidavit denying the averments made in the writ petition. According to the respondent No. 1, it is working under the administrative control of Women Development and Child Welfare & Senior Citizen Department and works round the clock throughout the year in three shifts producing and supplying nutritious food, Balamrutham, and snack food for the malnourished children, aged three months to six years under poverty line in Anganwadi centres of Integrated Child Development Services Projects under Supplementary Nutrition Program in Andhra Pradesh and Telangana States. For the last many years, the Balamrutham and Snack Food were being dispatched to Integrated Child Development Services Project (‘ICDS’) and the said ICDS was responsible for distribution of food to the respective Anganwadi Centres from the projects. However, from May, 2019, the respondent No. 1 is supplying the Balamrutham and Snack Food directly to Anganwadi Centres through first level contractor. However, from March, 2020, the said process has been taken by TSRTC, which is said to be Stage-II Transportation. Even the tender period for Stage-II Transportation for the year 2019-2020 is expired by 31.05.2020. As the TSRTC had informed that the they were not in a position to take up the Stage-II Transportation, the impugned tender notification, through e-procurement, for transportation of finished food to Anganwadi Centres from District Godowns (Stage-II) for the year 2020-2021 i.e. from 01.09.2020 to 31.08.2021 was published on 31.07.2020 in Namaste Telangana Newspaper. The petitioner firm, being the S