O R D E R :

The present Writ Petition is filed to declare the action of the respondents, particularly Respondents 4 and 5 in issuing the notice dated 28.08.2023 rejecting petitioner’s Application, technically accepting and considering the 7th respondent’s Application who is next in the list issued by the Government of Telangana without considering the representation dated 24.08.2023, as illegal, arbitrary and against the principles of natural justice. A consequential direction is sought to set-aside the notice dated 28.08.2023.

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 5.01.2016 to 04.01.2017 and thereafter, the same was renewed from time to time. Pursuant to the tender ID No. 371121 having Enquiry No. EMN2200105, dated 24.11.2022 issued by the 4th respondent, inviting Applications for awarding contract for deploying private security personnel (127 members and 3 supervisors) under unit trade system at Managuru Area for a period of 2 years, petitioner and other outsources submitted their respective bids in time and after verification of the same, Respondents 4 and 5 issued the impugned notice rejecting petitioner’s Application stating that 'Technically not acceptable' and accepting the 7th respondent outsourcer.

It is contended, petitioner is the L-I bidder and also satisfied all the terms and conditions specified in Eligible Criteria (c) in Annexure-I which says "The tender should have experience in similar work for at least one year in any of the last five completed financial years at SCCL/Govt. Organizations/PSUs and Private Organisations. Relevant experience/Performance certificates shall be enclosed." According to petitioner, they have experience in providing services to Delhi Public School in 2015-22, Louis Dreyfus Company India Pvt. Ltd in 2016-22, M/s Rachana Educational Society in 2022-23 and Deccan Jewelery Pvt. Ltd. in 2015-20, but Respondents 4 and 5 did not consider the same. Petitioner is therefore, stated to have submitted representation dated 24.08.2023 even before issuance of impugned notice informing the 2nd respondent – Director, Singareni Collieries Company Limited that authorities are intending to give tenders to others in the list without giving the tender to petitioner who is very much eligible. According to petitioner, they are having vast experience and providing security guards to the required organisations, but Singareni Collieries Company Limited illegally rejected the Application on the ground that "Technically not acceptable" which is highly illegal and arbitrary.

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 7th 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