APHC010129532025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3328]

(Special Original Jurisdiction)

FRIDAY ,THE NINTH DAY OF MAY

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA

PRASAD

WRIT PETITION NO: 6508 OF 2025

Between:

1. M/S SRI SAMBASIVA DAIRY PRODUCTS (INDIA) PRIVATE LIMITED,

HAVING ITS REGISTERED OFFICE AT 11-14-394-12/1, PLOT NO.24, SIRIS KAMINENI ROAD, ROAD NO.4, LB NAGAR, HYDERABAD, TELANGANA - 500074, REPRESENTED BY ITS AUTHORIZED

SIGNATORY, MR. KANCHI PARAMESWARA REDDY

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL

SECRETARY SCHOOL EDUCATION DEPARTMENT,

SECRETARIAT, VELAGAPUDI AMARAVATHI

2. THE DIRECTOR, MID DAY MEAL AND SCHOOL SANITATION,

ANDHRA PRADESH (MDMSS, AP) PLOT NO. 129, ROAD NO.5, NAGARJUNA NAGAR, NEAR PARINAYA KALYANA MANDAPAM,

VIJAYAWADA, NTR DISTRICT

3. M/S PURI JAGGANATH ENTERPRISES, HAVING ITS UNIT/OFFICE

AT 25-3-264, 4TH CROSS ROAD, GOWTHAM NAGAR, SPSR

NELLORE, ANDHRA PRADESH-524004

...RESPONDENT(S):

Counsel for the Petitioner:

1. CKR ASSOCIATES

Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION

2. CHILUKURI KARTHIK The Court made the following ORDER:

Heard Sri S.V.S.S. Siva Ram, learned Counsel representing M/s CKR Associates for the Writ Petitioner; Sri Gurram Rama Chandra Rao, learned Government Pleader for Education appearing for Respondent Nos.1 and 2; and, Sri R.N. Hemandranath Reddy, learned Senior Counsel (appearing through online) assisted by Sri Ch. Karthik, learned Counsel for the Respondent No.3.

2. The prayer made in the Writ Petition is as under:

“…….to issue a writ, order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the Respondent No.2 herein in declaring the Respondent No.3 herein as "L1" in respect of the E- procurement Tender Notification after opening the financial bids for Package 6 & NIT No: 36/2024, dated 27.12.2024 for Procurement and Supply of Peanut-Jaggery Chikki to School Children under the Dokka Seethamma Madhyana Badi Bhojanam (MDM Scheme) for the FY 2025- 26 contrary to the Eligibility Criteria stipulated in the Section II of the said tender document as being arbitrary, illegal, unjust, and violative of the fundamental rights of the Petitioners guaranteed under Articles 14 and 19(1)g of the Constitution of India and consequently disqualify the Respondent No.3 from the E-procurement Tender Notification process notified vide Package-6 & NIT No: 36/2024, dated 27.12.2024 by directing the Respondent No.2 herein to consider the Petitioner herein as "L1" in respect of the said tender in accordance with the law and/or pass any such other order/order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

SUBMISSIONS OF THE WRIT PETITIONER:

3. Sri S.V.S.S. Siva Ram, learned Counsel appearing on behalf of M/s CKR Associates would submit that the Writ Petitioner herein is a Private Limited Company engaged in supply of trade of fresh milk, pouch milk, milk and milk processed food products and allied products; that the Writ Petitioner claims to be one of the largest suppliers of the listed products herein mentioned and is known for maintaining and supplying quality products; that the Government of Andhra Pradesh has initiated a policy of School Meal Programme, wherein free lunch/mid-day meal is provided to the students enrolled in the Government recognized schools to aid the disadvantaged children in rural and urban areas with proper nutrition, food security, and school access; that, it is submitted that mid-day meal scheme contemplated by the Government of Andhra Pradesh is through the School Education Department and was primarily to avoid classroom hunger for the children, attend classes and increase the school enrollment and attendance and most importantly malnutrition amongst the children; that, initially the mid-day meal scheme was provided for children upto Class V from 2003 to 2007; that, thereafter, the same scheme was extended to Classes VI