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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Murali Manpower Agencies Rep. By Its Proprietor Muralidhar Chikkala – Appellant
Versus
Union Of India, Rep. By Its Secretary, Ministry Of Labour And Employment – Respondent
ORDER :
NAGESH BHEEMAPAKA, J.
Petitioner - M/s Murali Manpower Agencies, a sole proprietorship concern registered under the provisions of the Micro, Small and Medium Enterprises Act, 2006 is engaged in the business of providing manpower services including security services, housekeeping services and other ancillary services to various establishments. Petitioners contend that they have at all times conducted their business strictly in accordance with the requirements of law and statutory compliances.
1.1. It is contended that in 2023, pursuant to the tender floated by the 3rd Respondent for providing security services across the Employees State Insurance Corporation Medical College and Hospital Campus situated at Sanathnagar, Hyderabad, Telangana, contract was awarded in favour of Petitioners vide Contract dated 31.01.2023. Accordingly, Petitioners commenced providing security services in terms of the said contract and discharged their obligations to the satisfaction of the Respondent authorities. In January 2024, the 3rd Respondent issued proceedings extending the aforesaid contract till 31.03.2024 or till finalisation of a new contract by the Respondent authorities, whichever was ear
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.
The court upheld the award of the tender to the opposite party no.5, finding that the bid was qualified and awarded based on the evaluation of the bid and compliance with the conditions provided in C....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The imposition of arbitrary turnover requirements in tender processes, lacking rational justification, violates Articles 14 and 19(1)(g) of the Constitution, ensuring fair opportunity and competition....
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
The requirement for bidders to have a minimum number of experienced Biomedical Engineers on Payroll is essential for eligibility in tender processes, and the court respects the discretion of the Bid ....
Judicial review is permissible in tender matters only to prevent arbitrariness; criteria should ensure fairness and cannot favor specific bidders without rational basis.
Eligibility for contracting: To foster competition, firms and individuals to offer goods, work, and services required for the program, any conditions for participation shall be limited to those that ....
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