IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
T.Venkateswarlu – Appellant
Versus
S.S. Consultancy, rep. by its Proprietor – Respondent
| Table of Content |
|---|
| 1. overview of the writ appeal (Para 1 , 2) |
| 2. essential qualifications for tender (Para 3 , 4) |
| 3. technical qualifications and objections (Para 6 , 15 , 16) |
| 4. licensing regulations and compliance (Para 8 , 9 , 10 , 12 , 13 , 14) |
| 5. judicial reasons and classification of tender requirements (Para 18 , 19) |
| 6. conclusion and dismissal of appeal (Para 20 , 21) |
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. L
Bakshi Security and Personnel Services (P) Ltd. v. Devkishan Computed (P) Ltd.
Consortium of Titagarh Firema Adler S.P.A. – Titagarh Wagons Ltd. v. Nagpur Metro Rail Corpn. Ltd.
The lack of a valid Commercial Pesticide Applicator License as per tender requirements constitutes a failure of technical qualifications, justifying contract cancellation.
Tender conditions are binding and deviations lead to arbitrariness, violating fairness in the procurement process.
The central legal point established in the judgment is that the rejection of a bid must be lawful and in accordance with the terms of the tender notice. The court emphasized the importance of meeting....
The court established that evaluation criteria in tender documents must be clearly disclosed to ensure fairness, and valid licenses under the Contract Labour Act cannot be arbitrarily deemed invalid.
The requirement of a labor license covering the specific district is essential for bid evaluation, and the interpretation by the employer should be upheld unless proven arbitrary or unreasonable.
Government Contract – Tender Call Notice – Judicial review in these matters is equivalent to judicial restraint in these matters. Writ court does not have expertise to correct such decisions by subst....
The judgment establishes the importance of meeting essential tender conditions, particularly the financial qualification criteria, and the consequences of non-compliance.
Strict compliance with tender conditions is essential, and deviations from the tender conditions cannot be accepted, emphasizing the importance of adhering to the tender conditions without allowing f....
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