K. BEERAN KUTTY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner submits that he is a diet contractor and has been supplied diet to inpatients and doctors at various hospitals in Tirupati, including the 3rd respondent hospital for the past 34 years. The petitioner is also a diet contractor for the 4th respondent hospital.

(2.) Respondents 2 and 4 issued tender notification in Sl.No.222/DIET/2021, dated 12.04.2021 for supplying diet for inpatients and duty doctors for a period of two years in sealed tenders. All bids, in pursuance of the said tender, were to be considered in two stages, technical bid and financial bid. The tender document also stipulated that the conditions set out in G.O.Ms.No.325 HMFW (M1) Department, dated 01.11.2011 would apply to the tender.

(3.) The technical bid of the tender was duly opened on 05.05.2021 and three of the tenderers, viz., the petitioner, Sri Y.Koteswara Rao and the 5th respondent were declared as qualified for participating in the financial bid. All the three tenderers quoted the minimum rate prescribed by the Government i.e., Rs.36/- for patient per day (for patient and attendant of the Tribal Patient). As all the three tenderers had quoted the lowest rates in the financial bid, the 3rd respondent committee was given the task of evaluating the three tenderers. After such evaluation, the 3rd respondent selected the 5th respondent as the successful tenderer and informed to the 2nd respondent and 4th respondent. Both the respondents 2 and 4 accepted the recommendation of the 3rd respondent and awarding the tender to the 5th respondent.