The tendering authority's decision on eligibility criteria should not be second-guessed, and past experience from a partnership can be considered for a sole proprietorship in tender evaluations.

ORDER:

Challenge in this Writ Petition is to the action of Respondents 2, 3, 4 and 5 in selecting the 6^th respondent as successful bidder in the tenders issued vide NIT No. 15/2023- 24 of SE/E&M-Il/Stg-1/BTPS concerning Bowl Mills of Unit-l, NIT No. 16/2023-24 of SE/E&M-ISUS-UBTPS concerning Bowl Mils of Uhit-2, NIT No. 17/2023-24 of SE/E&M-Il/Stg-I/BPS concerning Gravimetric Raw Coal Feeders in Unit-1 and NIT No. 18/2023-24 of SE/E&M-II/Stg-1/BTPS concerning Gravimetric Raw Coal Feeders in Unit-2 of Bhadradri Thermal Power Station, thereby in entering into agreements with the 6th respondent's sole proprietorship Mars Engineers & Enterprises and in issuing work orders in their favour as illegal, arbitrary, mala fide, unreasonable, unconstitutional and against the principles of natural justice.

2. Heard Sri. M. Pratheek Reddy, learned counsel for petitioner, Sri. R. Pavan Reddy, learned Standing Counsel for Respondents 2 to 5 and Sri. M. Kiran Reddy, learned counsel for the 6^th respondent.

3. In view of the urgency pleaded by both the parties, present Writ Petition is taken up for final disposal.

4. Learned counsel for petitioner would submit that petitioner is a company registered under the provisions of the Companies Act, 2013, engaged in the work of executing contracts for maintenance, care, erection and repairs. The Company has been long associated with the 2nd respondent and has undertaken several erection and maintenance works in the past. It has previously undertaken the maintenance works for Units-I and II for the financial years 2021-22 and 2022-23 at Bhadradri Thermal Power Station (hereinafter referred to as ‘BTPS’). Petitioner executed each and every work that was assigned in the past with utmost diligence and excellence. Petitioner participated in the following tenders in Units-I and II of Bhadradri Thermal Power Station:

a. NIT No. 15/2023-24 of SEEM TUSt-V/BTS: Open tender for “Preventive/Periodical Maintenance works on XP-943 Bowl Mills of Unit as and when required during the year 2023-24" with the bids starting from 15.06.2023 onwards.

b. NIT No. 16/2023-24 of SE/E&M-ll/Stg-1/BPS: Open tender for “Preventive/Periodical Maintenance works on XRP-943 Bowl Mills of Unit-2 as and when required during the year 2023-24" with the bids starting from 15.06.2023 onwards.

c. NIT No. 17/2023-24 of SE/E&M=1/5tBTS: Open Tender For “Preventive/Periodical Maintenance works on Gravimetric Raw Coal Feeders in Unit-l for the year 2023-24" with the bids starting from 16.06.2023 onwards.

d. NIT No. 18/2023-24 of SE/E&M 11/St-I/BTPS: Open tender For "Preventive/Periodical Maintenance works on Gravimetric Raw Coal "Preven in Unit-2 for the year 2023-24" with the bids starting from 16.6.2023.

Similarly, M/s Mars Engineering & Enterprises, a sole proprietorship with the 6^th respondent as its Proprietor was also offered to participate in the said tenders. When petitioner viewed the documents submitted by the 6th respondent on behalf of Mars Engineers & Enterprises, it came to know that the said sole proprietorship qualifies in no way whatsoever under the tender document and that documents submitted by it are only misleading, deceptive and inconsonant with the requirements under the tender notifications. Accordingly, petitioner was constrained to issue letter dated 03.06.2023 to the 4^th respondent explaining that the 6^th respondent’s documents are all deceptive and urging the 4^th respondent not to consider M/s Mars Engineers & Enterprises for the said tender bidding. Petitioner also submits that it issued representation on 30.06.2023 and on other dates imploring the respondent authorities to rectify the situation and disqualify the 6^th respondent. Whil