Tender processes should be governed by transparency and fairness; inclusion of agencies lacking formal criteria is permissible if justified by equal treatment and no arbitrariness or mala fides is demonstrated.

ORDER :

Nagesh Bheemapaka, J.

Petitioner challenges the action of Respondents 3 and 4, in selecting and empanelling Respondents 5 to 10 in the List of Out Sourcing Agencies, Suryapet District (2025-26) in contravention of tender eligibility conditions of Tender Notice dated 13.06.2025 and consequentially allotting Respondents 5 to 10 to the needy government departments for outsourcing work by the 3^rd respondent vide proceedings dated 20.08.2025 as illegal, arbitrary, unfair, against the tender rules and conditions and in violation of Articles 14 and 21 of the Constitution of India; consequently, to set aside the list of Outsourcing Agencies, Suryapet District (2025-26) to the extent of the Respondent Nos. S to 10 and also to set aside the consequential orders of the 3^rd respondent vide proceedings dated 20.08.2025.

2. The case of petitioner is that it is a duly registered outsourcing agency, having been established in 2016, and has been providing manpower to various Government Departments in Suryapet District for several years. It claims to possess all valid statutory registrations, including labour licence, EPF, ESI, GST and professional tax registrations and asserts that it has been renewing its licence periodically, the latest being valid up to 31.12.2025.

2.1. The 3^rd respondent issued Tender Notification dated 13.06.2025 inviting Applications from registered outsourcing agencies for empanelment to provide manpower to various Government Departments in Suryapet District for the financial year 2025-26. As per the tender conditions, all the interested agencies were required to submit Applications along with supporting documents between 16.06.2025 and 20.06.2025. The tender notification stipulated, among other things, that each applicant should have a minimum annual turnover of Rs.30,00,000/-in any one of the last three financial years, should possess valid EPF and ESI registration certificates, should have paid contributions under those enactments for at least six months prior to submission and should hold valid GST registration and submit proof of return filings for the last six months. Additionally, each applicant was required to enclose a demand draft for Rs.15,000/- towards processing fee and Rs.5,00,000/- towards earnest money deposit.

2.2. Petitioner submitted its Application within the prescribed period along with all the necessary documents and certificates to establish compliance with the eligibility criteria. It was thereafter, included in the list of agencies found eligible for empanelment, and proceedings dated 23.07.2025 were issued confirming their inclusion among 27 agencies shortlisted for empanelment for the said financial year. It is contended, after such empanelment, Respondents 3 and 4, without any justification, included certain other agencies, namely Respondents 5 to 10, which were ineligible under the tender terms. The petitioner submits that these agencies neither had the requisite turnover of Rs.30,00,000/- nor the statutory compliance documents required under the tender conditions. Petitioner on discovering that such agencies were nevertheless included and subsequently, allotted outsourcing work through proceedings dated 20.08.2025, filed the present Writ Petition.

2.3. Petitioner states that it has an impeccable record of service and has been executing outsourcing work in various Government Departments such as Medical and Health Department, Revenue Department and the District Treasury, among others, for the past several years to the satisfaction of the authorities. It has duly paid its outsourcing employees' salaries and remitted statutory contributions t