BVG INDIA LIMITED Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner seeks a writ of mandamus to declare the action of 2nd respondent in cancelling the tender notification No.6.1A/APMSIDC/2020-21 dated 06.08.2020 for 'Selection of service provider for drop-back of postnatal women from Government health facility to home across Andhra Pradesh' as illegal, arbitrary and direct the 2nd respondent to award the said tender to the petitioner it being L1 qualified bidder and consequently quash the subsequent RFP tender No.13.5A/APMSIDC/2020-21 dated 29.10.2020 issued by 2nd respondent for the same purpose as illegal, arbitrary and against the provisions of law and for such other orders.

(2.) The petitioner's case briefly is thus:

(3.) The petitioner filed additional affidavit dated 06.11.2020 stating that despite the filing of writ petition the respondents 2 & 3 are proceeding with the tender notification dated 29.10.2020. The tender was published on 02.11.2020 and only four days time was given till 06.11.2020 for submission of the tender, though in respect of first and second tender notifications, sufficient time i.e., 21 days and 16 days respectively was given. In unavoidable circumstances, the petitioner had to participate in the tender notification dated 29.10.2020 under protest and without prejudice. When the petitioner tried with the online filing system of 2nd respondent, it was not fructified. The petitioner immediately informed on e-mail and telephonically to 2nd respondent and its officers, but it was in vain. However, as an abundant precaution the petitioner video graphed the same. Thus, the petitioner was illegally excluded from the participation in the tender notification dated 29.10.2020.