INDIA TRADERS Vs. THE OSMANIA UNIVERSITY AND ORS.

JUDGEMENT

(1.) HEARD Sri Vedula Venkataramana, learned Senior Counsel appearing for the petitioner, and Sri Deepak Bhattacharjee, learned Standing Counsel for the respondents.

(2.) THE University wanted to dispose of its old answer scripts (used) and constituted a tender committee consisting of nine members. Pursuant to their decision, the second respondent initially issued a tender notification No. 1147/Stores/Exams/2013 dated 18.02.2013 and one M/s. M.S. Enterprises had become the highest bidder. It was supposed to lift the material within fifteen days from the receipt of the letter of acceptance and when it failed to do so, the tender was cancelled under proceedings No. 289/Stores/Exams/2013 dated 18.06.2013. Thereafter, a decision was taken to issue fresh tender notice fixing the basic price at Rs. 1620/ - per 100 kgs. Accordingly, tender notice No. 514/Stores/Exams/2013, dated 20.09.2013, was published in the daily newspapers and ten parties submitted their tender. The last date for tenders was notified as 04.10.2013. Since none of the parties quoted the fixed minimum basic price of Rs. 1620/ -, it was decided to call all the bidders and give option to them to renegotiate the rate by 07.10.2013. After requiting, the petitioner became the highest bidder with Rs. 1621.50 per 100 kgs against the bid of Rs. 1535/ - quoted by it. The second respondent issued a letter on 09.10.2013 communicating his decision to accept the bid of the petitioner and the petitioner was asked to pay an advance amount of Rs. 5,00,000/ - before lifting the stock. Accordingly, the petitioner paid the amount of Rs. 5,00,000/ -, but could not lift the stock within the said time due to intervening holidays and hence requested for extension of time by fifteen days up to 10.11.2013. The Executive Council met on 12.11.2013 and took a decision to cancel the tender notification dated 20.09.2013. Accordingly, the committee constituted for disposal of old main answer scripts (used) recommended for cancellation of tender notification dated 20.09.2013. A communication was sent to the petitioner by the second respondent on 16.01.2014 stating that the tender was cancelled and the petitioner was asked to collect the refund of EMD and advance payment amounts. Challenging the said proceedings, the petitioner filed W.P. No. 2002 of 2014 and this Court, by order dated 18.02.2014, set aside the said proceedings and directed the respondents to permit the petitioner to lift the stock of the main answer scripts (used) as per the terms and conditions of the tender notification dated 20.09.2013. Against the said order, the respondents preferred a Writ Appeal in W.A. No. 639 of 2014 and the same was disposed of on 10.04.2014 recording the statement made by the learned Counsel for the appellants that at that moment the University authorities had decided not to sell the stock of used answer booklets and it was further observed that if the University authorities in future decides to sell the aforesaid stock, the writ petitioner's offer should be considered. Against the said order of the Division Bench dated 10.04.2014 the petitioner herein, who was the successful tendered, filed SLP before the Supreme Court and the said SLP was disposed of on 19.02.2015 as follows:

(3.) AFTER disposal of the SLP by the Supreme Court, the respondent University constituted a Committee and the second respondent issued a letter on 17.03.2015 asking the petitioner to appear before the committee on 18.03.2015. Accordingly, the petitioner appeared before the Committee on the said date and when no decision was communicated later, the petitioner addressed a letter on 22.04.2015 reminding the respondents the need for orders in the matter. The respondents communicated an order on 27.06.2015 stating as follows: