Court upheld tender conditions as not arbitrary or discriminatory, dismissing writ petition for lack of participation and proof of irregularities.

ORDER:

The present writ petition has been filed under Article

226 of the Constitution of India by the petitioner seeking to set aside the tenders dated 05.05.2025 issued by respondent Nos.3 and 4.

2. Heard Sri P.V. Venugopal, learned Senior Counsel representing Ms. Vanga Anita, learned counsel for the petitioner and learned Government Pleader for Tribal Welfare Department, for the respondents.

3. Learned Senior Counsel for the petitioner submits that the petitioner is a reputed firm engaged in the business of supplying Reverse Osmosis (RO) water purification systems and has been actively operating in the State of Telangana. Though the said tender notifications were dated 05.05.2025, the same were uploaded only on 07.05.2025 at 9:00 P.M., thereby curtailing the effective bidding window. He submits that the eligibility and technical criteria stipulated in the said tender notifications are tailor-made to suit a specific undisclosed company, thereby excluding all other eligible participants, including the petitioner. Arbitrary conditions such as the requirement for prior supply of

200 RO units of 500 LPH or higher capacity, mandatory CE and RoHS certifications (which are applicable to European standards and not relevant in Indian context), water quality test reports dated specifically after 01.01.2025, and insistence on a specific make of electronic control panel ("WAVE") render the tender process discriminatory and violative of Articles 14 and 19(1)(g) of the Constitution of India .

4. Learned Senior Counsel for the petitioner further submits that the fundamental procedural norms have not been followed. No pre-bid meeting was conducted; no sample demonstration was sought; no technical drawings were provided to guide the bidders. Several inconsistencies exist in key clauses including bid submission period, turnover requirements, solvency criteria, payment terms and contract period, all of which cumulatively result in an unfair, arbitrary, and restrictive tender process. The Petitioner made detailed representations on 14.05.2025 and 18.05.2025, which remain unaddressed. In view of the urgency, as the financial bids are likely to be opened and the technical bids were already opened only for few tenderers, the petitioner filed the present Writ Petition seeking to set aside the said tender notifications.

5. Learned Government Pleader for the respondents filed counter affidavit stating that the Writ Petition is not maintainable as the Petitioner did not participate in the tender process and failed to implead the successful bidder, M/s. Sunwat Solutions Private Limited, whose bid was accepted and who has already completed the work. The said tenders were issued on 05.05.2025 for the installation of RO water plants across various Tribal Welfare Educational Institutions in the ITDA regions of Mannanur, Hyderabad, Utnoor, Eturunagaram, and Bhadrachalam, with a total project value of ₹23.43 crores. The bidding process was conducted online from 07.05.2025 to 15.05.2025, and the technical and commercial evaluations were completed as per procedure. Eight bidders participated in three works, and M/s Sunwat Solutions Private Limited was found technically qualified, while others, including M/s Innovative Aqua Systems Private Limited, were disqualified. The Petitioner made representations only on 14.05.2025, just a day before bid closure, and again by post on 24.05.2025, after the bidding had closed and the work awarded. The Petitioner's claim of tailor-

made tender conditions is baseless, as all terms were approved by the Commissioner of Tribal Welfare and applicable uniformly. Furthermore, pre-bid meetings are