O R D E R :

The present Writ Petition is filed to declare the action of the respondents, particularly the 2nd respondent in issuing notice dated 25.02.2023 rejecting petitioner’s Application, technically accepting and considering the 6th respondent’s Application without considering the letter dated 02.03.2023 issued by the Deputy Commissioner of Labour, Karimnagar, as illegal, arbitrary and against the principles of natural justice.

2. Petitioner is stated to be running outsourcing services under the name of M/s A1 Royal Services, duly obtaining license from the Government of Telangana dated 05.01.2016, valid from 05.01.2016 to 04.01.2017 and thereafter, the same was renewed from time to time. Pursuant to the tender ID No. 331177 dated 08.06.2022 issued by the 2nd respondent, inviting Applications for awarding contract for deploying private security personnel (71 Nos.) under unit rate system for RG3 and Adriyala Project Areas for a period of three years, petitioner and other outsources submitted their respective bids in time and after verification of the same, the 2nd respondent issued the impugned notice rejecting petitioner’s Application stating that 'Technically not acceptable' and accepting the 6th respondent outsourcer.

It is contended, the 6th respondent does not have any valid licence issued by the Government of Telangana and has licence issued by the Government of Andhra Pradesh. Whereas, it is stated, petitioner has vast experience in providing security guards to Mohammed Khan & Sons Jewellers for the last five years and the said jewellers entered into agreement and gave certificate also, but Respondents 2 to 5 did not consider the same and illegally accepted the Application of the 6th respondent.

3. This Court by order dated 14.09.2023, issued notice before admission and directed the 2nd respondent to consider the representation of petitioner dated 24.08.2023 within one week from the date of receipt of a copy of the said order and communicate the decision to petitioner.

4. Pursuant to receipt of notice, on behalf of Respondents 1 to 6, a counter-affidavit was filed by the General Manager stating that enquiry was floated vide Enquiry No. EMN2200105, dated 24.11.2022 through Tender ID: 371121 inviting Applications for awarding contract for deploying security personnel (127 members and 3 supervisors) for a period of 2 years, under the unit rate system at Manuguru area of the respondent company, in response to which, 44 vendors submitted their bids. As per the tender procedure, drawl of lots was conducted on 19.05.2023 amongst 44 vendors for selecting one successful vendor and three standby vendors, wherein petitioner stood as L-1 and the 6th respondent as L-2. It is stated that a Committee was constituted to examine / verify the documents submitted by petitioner firm along with three other firms which have been kept as standby. The Committee with the help of Vigilance Department conducted discreet enquiry and submitted a report, wherein it was recommended to award contract to the technically and commercially-qualified L2 firm i.e. the 6th respondent as petitioner firm did not submit any experience certificates related to government organizations falling in the last five years period to fulfil at least one year experience in both private and government sectors, the firm's offer is technically not acceptable. In this case, the tenderer does not have the experience of either SCCL or Govt. Organizations or PSUs, but he has experience only in private organization which itself disentitle him to meet the eligibility criteria as per clause 1(c) of the NIT conditions.

It is stated that experience accrued by petitioner is not in line with the NIT eligibility criteria, though they stood as L-1. Petitioner submitted experience certificates along with performance certificates and relevant Labour license in engaging security man-power services in private organizations only and has not submitted the relevant documents for having experien