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2023 Supreme(Telangana) 359

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Ujjal Bhuyan, N. Tukaramji, JJ.
Nomula Poultry Farm, Rep. by its Proprietor and others - Appellants
Versus
The State of Telangana, Rep. by its Principal Secretary, Women Development and Child Welfare Department & others - Respondents
Writ Appeal No.185 of 2023
Decided On : 28-04-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. R.N.Henendranath Reddy, learned Senior Counsel
For the Respondent: Mr. A. Sanjeev Kumar, learned Special Government Pleader, Mr. A.Sudarshan Reddy, Mr. B. Narasimha Sarma and Mr. P.Sri Raghu Ram, learned Senior Counsel

Headnote:

Constitution of India, 1950 – Article 14 – Qualifying Conditions for Tenderer – Poultry farmers – District Procurement Committee – Held, In Court opinion, would not be applicable to facts of present case in as much as in present tender, bidders have been restricted only to poultry farmers and not made open to corporate – While insisting on financial solvency of bidders i.e., having Rs.5 crores turnover including in any one year, exemption has been granted to bidders to tie up with other poultry farmers for supplying 60% of tendered quantity; thus having to supply only 40% by himself – Successful bidders are poultry farmers of State – It is not allegation that unsuccessful bidders are traders or contractors or corporate – It is unfortunate that appellants do not have annual turnover of Rs.5 crores for last three years but that does not mean that condition imposed by State is unreasonable and arbitrary – Writ Appeal dismissed.

JUDGMENT :

Ujjal Bhuyan, J.

Heard Mr. R.N.Hemendranath Reddy, learned Senior Counsel for the appellants and Mr. A.Sanjeev Kumar, learned Special Government Pleader attached to the office of learned Advocate General for the State of Telangana representing respondent Nos.1 and 2. We have also heard Mr. A.Sudarshan Reddy, Mr. B.Narasimha Sarma and Mr. P.Sri Raghu Ram, learned Senior Counsel for the applicants seeking impleadment.

2. This appeal is directed against the judgment and order dated 31.01.2023 passed by the learned Single Judge dismissing Writ Petition No.43886 of 2022 and two other writ petitions.

3. Appellants as the petitioners had filed the related writ petition being W.P.No.43886 of 2022 assailing the tender reference No.3347/SNP/2022 dated 21.11.2022 floated by the 2nd respondent and sought for quashing of the same. Appellants further sought for a direction to respondent Nos.1 and 2 to revert back to the earlier procedure of inviting tender on Integrated Child Development Scheme (ICDS) project wise basis.

4. Before adverting to the writ affidavit, relevant facts may be noted. Government of Telangana in the Department for Women, Children, Disabled and Senior Citizens had issued memo dated 09.12.2014 following G.O.Ms.No.12 dated 26.11.2014 for implementing revised and new feeding norms of One Full Meal Programme for all pregnant and lactating mothers with 200 milli liter of milk and one egg for 30 days in all ICDS projects, etc. The said memo laid down the method of procurement. Insofar eggs with which this litigation is concerned, the same was directed to be procured through the District Procurement Committee (DPC) from National Egg Co. ordination Committee (NECC) registered poultry farmers without third party involvement. It provided that each egg should measure 50 grams. In the event of supplying poor quality or lesser number of eggs, steps should be taken for stoppage of payment to the supplier. It also provided that the tenders should be called in such a way that no poultry farmer would be able to supply to more than two projects; besides the supplier (farmer) should be located close to one of the projects. The poultry farmer was required to produce solvency certificate to enable participation in the tender process. If complaints were received for three consecutive months, the Project Director would take steps to terminate the contract and call for fresh tenders.

5. Commissioner of Women and Child Welfare Department submitted proposal to the Government of Telangana on 03.09.2022 to make slight deviation from the procurement policy of eggs as per procedure laid down in memo dated 09.12.2014. Commissioner mentioned that over the last eight years, it was observed through various sources that there had been instances of supply of poor quality of eggs etc., to Anganwadi Centres by poultry farmers. That apart, poultry farmers do not undertake any processing/varying practices while cleaning, weighing, labeling, etc. No proper safety and quality standards were found to have been maintained. Despite the same being brought to the notice of the suppliers (poultry farmers), no visible improvement was noticeable. Commissioner mentioned that a team was constituted to visit and study the best practices in some other States like Tamil Nadu, Karnataka, Kerala, etc., in the procurement and supply of eggs to ICDS projects. As per report of the team, they noticed many best practices being implemented in ICDS projects in Tamil Nadu. After noticing the same and also after mentioning the challenges in the procurement and supply of eggs provided to the Anganwadi Centres under ICDS projects in Telangana, Commissioner mentioned that each district goes for a separate tender, which inevitably leads to differential standards in different districts. Vendors do not follow any standard weighment of eggs. Several instances of spoilage of eggs due to supply of old stocks and delays in supply and storage were noticed. This was because the suppliers (p

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