O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to permit the petitioner to participate in the Tender dated 27.10.2022 for the supply and delivery of school bags to the School Children in Tamil Nadu for the year 2023 – 2024 (Tender Ref. RC.No.9350/PUR-II-2-2022) and to consider the petitioner's representation, dated 07.10.2022.

2. The case of the petitioner is that he is the certified vendor as per Procurement Policy, Department of Expenditure, Ministry of Finance, Government of India, vide issued Office Memorandum No.6/18/2019- PPD, dated 23.07.2020. On 08.02.2021, the Department of Expenditure, Ministry of Finance, Government of India published public procurement order vide order for vendors and bidders to participate in the procurement of goods and services etc. As per the Public Procurement vide order the petitioner duly registered with the competent authority, as per the requirement of Office Memorandum Notification No.6/18/2019- PPD, dated 23.07.2020. The Finance Ministry of the Indian Government circulated the above order to Secretariats of All Ministries/Departments of the Government of India and Chief Secretaries/Administrators of Union Territories /National Capital Territory of Deli, as which is also applicable to Ministries/Departments of Tamil Nadu, as per Notification No.F.18/37/2020 PPD.

3. On 23.09.2022, the third respondent, in accordance with the above Central Government Order circulated Tender Notification Ref.RC.No.9350/PUR-II/2022 for supply and delivery of school bags to the school children in Tamil Nadu for the year 2023 to 2024. As per the Tamil Nadu Notification No.Ref.RC.No.9350/PUR-II/2022, the petitioner properly registered with the competent authority. On 07.10.2022, the petitioner has sent a representation to the respondents for supply and delivery of School Bag, Geometry Box, Crayons, Wooden color pencil, Footwear, Shoes, Socks, Ankle Books and Woolen Sweater an Raincoat to Tamil Nadu School Children also requested to permit the import of international brand to take part in the tender. The petitioner has paid Rs.1,000/- with 18% GST = Rs.1,180/- for the cost of the tender document. He has also paid Rs.10,000/- with 18% GST = Rs.11,800/- for the bid processing fee. Moreover, the petitioner has also followed all the undertaking towards the jurisdiction of legal proceedings as per Annexure XXIII of the Tamil Nadu Notification, dated 23.09.2022. On 25.10.2022, the third respondent sent a reply to him for his representation via Email dated 10.10.2022 and rejected his participation in the course of the last time rush for the year 2023 to 2024 tender which is supposed to be held on 27.10.2022. Hence, the petitioner has filed the present writ petition.

4. The third respondent has filed a counter stating that the writ petition is not maintainable as all eligible bidders are entitled to submit their bids in the Tender Ref.RC.No.9350/PUR-II/2022 and no special permission is required for the same. The tender for supply and delivery of schoolbags is called for every year by the Government and the entire tender process is conducted strictly in adherence to the Tamil Nadu Transparency in Tenders Act, 1998 and the Tamil Nadu Transparency in Tenders Rules, 2000. The petitioner Company made a representation to the third respondent Corporation stating that they were in importer of goods from a foreign company of people's republic of China and they should be permitted to participate in the tender. In response to the said representation, the third respondent has sent a reply on 25.10.2022, stating as follows:

“Further, it is hereby informed that as far as the tenders referred by you are concerned, it is mandatory that the manufacturing unit in agreement with the supplied needs to be within the purview of the Factories Act, 1948, Bureau of Industrial Standards, Local Pollution laws and ought to have obtained necessary consents from State Pollution Control Bo