ORDER :

Heard the learned counsel for the Petitioner, learned Government Pleader for Employment and Training, the learned Government Pleader for Medical Health and Family Welfare, learned Government Pleader for Revenue and also the learned counsel representing the unofficial Respondents.

2. This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the Official respondents in declaring the 7th respondent M/s. TVT Contractors LLP agency as qualified one in technical Bid in the Tender N.02.02/IHFMS/DHH/ SDPT/2022-2023 dated 25.05.2022 for the years 2022 to 2025 is illegal, arbitrary and in violation of Article 14 of the Constitution of India.

3. The case of the Petitioner, in brief, is as follows:

a) Central Government vide G.O.Ms.No.32, HM & FW (C2) Dept, dated 12.03.2022, decided to provide opportunities to entrepreneurs from Schedule Community (referred to as SC hereby) by way of providing reservation for agencies belonging to persons from SC Community in contracts related to Diet and Integrated Hospital Facility Management Services.

b) The Government of Telangana issued G.O.Ms.No.59, dated 21.05.2018 for reservation of works to SC/ST Contractors in Public Works in Irrigation & CAD Department in which a team of SC/ST contractors which includes the individual SC/ST contractors in Proprietorship firm, Partnership Firm and Private Limited Companies should be 100%.

c) The 7th Respondent, TVT Contractors LLP, a partnership firm (will be referred to as respondent firm herein) uploaded an unregistered document which showed that the 7th respondent herein have entered into a supplement agreement, according to which Suman Yalakacharla had been added as a partner having 10% share in a view to obtain a contract to fulfil the modalities in G.O.Ms.No.32, HM & FW (C2) Dept, dated 12.03.2022.

d) By circumventing the said G.O, the respondent firm had obtained an E-Tender in Dubbaka Area Hospital, Siddipet District and created an agreement showing the person belonging to SC as an incoming partner having a 10% share. The Supplementary Agreement entered into is an unregistered deed, and had not been certified by the central & state governments and is only created for the purpose of Obtaining Tender.

e) Moreover, the name of Suman Yelakacharla, person brought in as Partner, had not been mentioned either in the respondent firm’s registration or in any of the documents and hence the respondent firm should be disqualified from the tender.

f) As per the tender rules, all the license documents should be in the name of the Agency but in this case, all the documents are in the name of Mr. T. Venkateshwarlu (8th respondent herien) including that of Labour registration, ESI registration, EPF registration, Turnover & IT.

g) Mr. T. Venkateswarlu had obtained the contract by misleading the government officials and District Government Employment Officer, TSRTC Regional Manager, Nalgonda had conducted an enquiry on numerous complaints and 8th respondent agency was blacklisted and the 8th respondent agency is participating in the tenders by suppressing the fact that the agency is blacklisted.

h) The 8th respondent agency has done Hospital Sweeping and Sanitation Work in more than 40 Hospitals in Telangana and Andhra Pradesh for the past 10 years and the said agency does not belong to SC community but the E-Tender for Sweeping, Sanitation in Siddipet Area Hospital in Siddipet had been reserved for SC category.

i) 7th respondent firm with an ill-intention to grab tenders under SC reservation had admitted Suman Yelakacharla as an employee in their agency and having participated in the E-Tender for Dubbaka Area Hospital in Siddipet, 2nd& 5th respondents have declared the 7th respondent firm as L1 and the same has been challenged by the petitioner in W.P. No. 35701 of 2022 and the same is pending consideration.

j) Petitioner had been making representatio