The lack of a valid Commercial Pesticide Applicator License as per tender requirements constitutes a failure of technical qualifications, justifying contract cancellation.

JUDGMENT :

Moushumi Bhattacharya, J.

1. The Writ Appeal arises out of an order dated 14.11.2025 passed by a learned Single Judge of this Court by allowing Writ Petition No.18854 of 2023 filed by the respondent No.1 herein cancelling the Contract for Integrated Hospital Facility Management Services at Sarojini Devi Eye Hospital awarded to the appellant herein.

2. The appellant herein was the respondent No.6 in the Writ Petition. The respondent Nos.2 to 4 and 6 herein are the State-respondents. The respondent No.5 is the Superintendent, Sarojini Devi Eye Hospital, Mehdipatnam, Hyderabad, who issued the e-tender Notification dated 15.06.20222 for providing Integrated Hospital Facility Management Services at the said hospital, as stated above.

3. The appellant is aggrieved by the order of cancellation of the Work Contract. Learned Senior Counsel appearing for the appellant submits that the appellant has already worked in terms of the awarded contract from June, 2023. Learned Senior Counsel further submits that the Contract is due to end in June, 2026. It is also submitted that the learned Single Judge erred in holding that the appellant/respondent No.6 was not technically qualified in terms of the mandatory conditions stipulated in the Tender documents and that the licence for insecticides issued to the appellant as well as the writ petitioner was one and the same, i.e., for Commercial Pest Control Operations. Senior Counsel relies on the relevant clause in the tender document i.e., Clause No.4.2.3(i) to urge that the appellant satisfied the relevant clause in the Tender and was consequently awarded the work in June, 2023.

4. Senior Counsel appearing for the respondent No.1/writ petitioner submits that the licence issued to the appellant was inconsistent with the relevant Tender document since the licence was only for the purpose of stocking insecticides as opposed to Commercial Pest Control Operations which was the intent of the relevant Tender condition.

5. The learned Assistant Government Pleader for Medical and Health supports the case of the appellant. The respondent No.5/Tendering Authority is not represented.

6. The primary issue which the learned Single Judge heard and adjudicated was whether the appellant/respondent No.6 was qualified in terms of the mandatory conditions stipulated under the Tender document. The learned Single Judge accepted the contentions of the writ petitioner and held that the appellant was not qualified for the work.

7. The e-Tender document issued by the Government of Telangana/Director of Medical Education was in relation to provide Integrated Hospital Facility Management Services in Sarojini Devi Eye Hospital, Mehdipatnam, Hyderabad. The relevant clause is under Section-IV “Eligibility Criteria”. Clause 4.2.3 provides for “Other Valid Supportive Documents” for showing the eligibility for technical qualifications. Clause 4.2.3 (i) states the following:

“4.2.3 (i): Commercial pesticide applicator license obtained from the controlling Authority to carry out the business or MOU (as per Annexure-5) with having such license.”

8. The above clause makes it clear that the document required in support of technical qualification is “Commercial Pesticide Applicator License” as per Annexure-5. Annexure-5 is a Memorandum of Understanding (MoU) to be executed on a Non-judicial Stamp paper between the parties. The determining factor which would be evident from Clause 4.2.3(i) for the purpose of eligibility of the bidder is ‘Applicator License’. Rule 10(3A) of The Insecticides Rules, 1971 (‘1971 Rules’) provides, inter alia, that any person who desires to und