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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Nagesh Bheemapaka
S.S. Consultancy – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. overview of petitioner’s claims against the tender process. (Para 1 , 2) |
| 2. counterarguments by the respondents supporting the tender decision. (Para 3 , 4 , 6) |
| 3. court's examination of compliance with tender conditions. (Para 8 , 9 , 10 , 11) |
| 4. resolution of the court to allow the writ petition. (Para 12 , 13) |
ORDER :
Nagesh Bheemapaka, J.
This Writ Petition is filed aggrieved by the action of Respondents 3 and 4 in issuing the impugned proceedings dated 21.06.2023 and dated 21.06.2023, whereby the e-tender contract for Integrated Hospital Facility Management Services (IHFMS) at Sarojini Devi Eye Hospital, Hyderabad was awarded to the 6th respondent. Petitioner contends that such action is illegal, arbitrary, violative of the tender conditions and contrary to Articles 14 and 16 of the Constitution of India . They therefore, seeks to declare the impugned proceedings as null and void and consequently, to direct Respondents 3 and 4 to consider and award tender work in their favour.
2. Petitioner states that it is an established agency engaged in the business of providing manpower, sanitation, housekeeping, and security services to various Government Departments and priv
Tender conditions are binding and deviations lead to arbitrariness, violating fairness in the procurement process.
The lack of a valid Commercial Pesticide Applicator License as per tender requirements constitutes a failure of technical qualifications, justifying contract cancellation.
The court established that significant deviations from tender guidelines and arbitrary evaluation criteria violate the principles of fairness and proportionality under Article 14 of the Constitution.
Contract Work of providing cleaning and sanitation services was awarded to it. By putting in such a condition, the petitioner had sought to alter/modify the condition set forth in the invitation made....
A bid must fully disclose prior terminations and debarments; failure to do so invalidates qualification under tender conditions.
The court emphasized the necessity of strict compliance with tender conditions and ruled against arbitrary actions by administrative authorities.
The court established that the principles of natural justice are not absolute in commercial transactions, particularly in tender processes, where public interest prevails.
Rule 23(16)(iv) of Assam Public Procurement Act, 2020 is reproduced Bidders securing specified minimum percent of marks or having fulfilled specific minimum achievement norms as fixed may be consider....
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