SHAIK PAREED SAHEB Vs. JOINT COLLECTOR NELLORE

JUDGEMENT

(1.) This Writ Petition questions the grant of contract for supply of milk, to the Andhra Pradesh Residential School (Girls) at Thummalapenta village in Kavali Mandal of Nellore district to the 3rd respondent, the successful tenderer. The petitioner is one of the 18 unsuccessful tenderers.

(2.) To meet the requirements of about 300 students of the residential school, an advertisement was issued by way of a tender notice dated 6-7-1993 inviting sealed tenders for supply of vegetables, fruits, eggs, milk etc., to the school hostel for the year 1993-94. The tenders were to be submitted by 5.00 p.m. on 17-7-1993. It was also stated in the tender notice that the tenders would be opened at 11.00 a.m. on 19-7-1993 in the Office of the Joint Collector at Nellore. It was also stated that tender schedule forms would be available from 12-7-1993 till 16-7-1993 on payment of Rs. 20.00. However, in the tender schedules furnished the date of opening of the tenders was shown as 26-7-1993 instead of 19-7-1993.

(3.) One of the conditions mentioned in the tender schedule for supply of milk is that "the rates quoted should not be less than the rates prevailing in the locality". According to the petitioner, the producers of milk were selling it at Rs. 5.00 per litre and therefore the prevailing rate was Rs. 5.00 per litre and keeping that in view, because of the said condition, he quoted at Rs. 5-20 ps. per litre in his tender. The petitioner states that on 26-7-1993 he and some other tenderers waited all day at the Joint Collector's Office for the opening of the milk tenders, and late in the day they were orally informed that the tenders would be opened on another date which would be intimated to them subsequently, but he was not informed of any subsequent date. He further states that on 30-7-1993 the 2nd respondent i.e., the Principal of the School informed him orally that the tender of the 3rd respondent who quoted at Rs. 5-90 ps. per litre was accepted and he was being given the contract for supply of milk. The petitioner is aggrieved that his lowest tender for Rs. 5-20 ps. was not accepted. According to him, in respect of all other items for which tenders were called in the tender notice dated 6-7-1993, the lowest tenders alone were accepted and in the case of milk tenders only his tender was not accepted even though his was the lowest.