Judicial review over award of contracts must consider public interest, and courts should refrain from intervening unless decisions are deemed arbitrary or irrational.

ORDER:

The Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:

“to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.1 to 3 in permitting the respondent No.4 to establish the Automated Testing Station of Baptla District at Sy.No.810, Yazali Village, Karlapalem Mandal, Bapatla District instead of land in an extent of Ac.0.81 cents in Sy.No.658-6B3, Chandolu Village, Pittlavaripalem Mandal, Bapatla District as per Form-C Letter of Undertaking for the Land contrary to the Request for Proposal No.17021/80/2022/RSC, dated 21.03.2025 for establishment of Automated Testing Station of Bapatla District, even though no provision is provided for changing of the declared land for station by the bidders as arbitrary, illegal, colourable exercise of power, contrary to the terms and conditions of the tender, apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.1 to 3 to cancel the Preliminary Registration Certificate granted in favour of respondent No.4 to establish the Automated Testing Station of Baptka District at Sy.No.810, Yazali Village, Karlapalem Mandal, Baptla District and further direct the respondent No.1 to 3 to follow the Section 3(h) of the Request for Proposal No.17021/80/2022/RSC, dated 21.03.2025 for establishment of Automated Testing Station of Baptla District and pass such other order or orders…..

2. Heard Sri B. Abhai Siddanth Mootha, learned counsel for the petitioners and Sri Mulla Sohail Shareef, learned counsel for the 4^th respondent.

3. The Transport Department, Government of Andhra Pradesh (for short hereafter referred to as ‘organisation’) issued R.F.P. (Request for Proposal) No.17021/80/2022/RSC, vide tender document dated 21.03.2025 for establishment of Automated Testing Station at Bapatla District, inviting tenders from the stakeholders. Unofficial respondent No.4 stood as H1 bidder, vide preliminary PRC (Preliminary Registration Certificate) dated 16.04.2025 and later, the organization has issued revised PRC dated 04.07.2025. The present Writ Petition is filed challenging the revised PRC dated 04.07.2025 issued in favour of the 4^th unofficial respondent.

4. It is the contention of the writ petitioner that as per the tender document, the organization cannot issue revised PRC as it is contrary to sub-Section 5(e) and sub-Section 8(f) of Section 2 of the tender document and also further contended that the issuance of revised PRC dated 04.07.2025 is contrary to qualification conditions and also contrary to sub-Section 13(c) and 18 (iv) of tender document. Hence, prayed to direct the respondents to set aside the revised PRC issued in favour of the 4^th unofficial respondent as it is violation of tender conditions.

5. It is imperative to take review of the relevant provisions governing the issue and the relevant provisions are hereby extracted:

Sub-section 5(e) of Section 2: the E-bids once submitted, cannot be viewed, retrieved or corrected. The E-Bidder should ensure the correctness of the E-Bed prior to uploading and take printout of the system generated summary of submission to confirm successful uploading of E-bid. The E-bids cannot be opened even by the OIT/Opener before the due date and time of opening.

Sub-section (8)(f) of Section 2: The Technical Bid shall comprise of the following documents which are to be scanned and uploade