(1.) Heard Sri P. Veera Reddy, learned Senior Counsel assisted by Sri Dheera Kanishka, learned Counsel for the Writ Petitioner and Sri Gurram Ramachandra Rao, learned Government Pleader for Higher Education.
(2.) It is submitted that the Writ Petitioner Firm is registered as 'Small Type Enterprise', and therefore, the Petitioner's Firm falls under MSME category of industries. It is submitted by Sri P. Veera Reddy, learned Senior Counsel that the Official Respondent No.1 has issued Notification bearing Rc.No.109/T2/2025, dtd. 18/2/2025 inviting Expression of Interest (EOI) for Empanelment of Printers/Publishers/Book Distributors for printing and distribution of school textbooks/workbooks (with paper) for sale component to the students studying in private schools for the Academic Years 2025-26 and 2026-27. The Writ Petitioner is aggrieved of the condition imposed in the Notification by the Respondent No.1 fixing a threshold of minimum annual turnover of Rs.10.00 Crores for each year for the last three financial years and having the minimum of three printing machines of four colour web off-set within the State of Andhra Pradesh. The last date for submission of Expression of Interest (EOI) was fixed as 5/3/2025.
(3.) While the Tender Notification was issued on 18/2/2025, the Writ Petitioner has submitted a Representation immediately on 20/2/2025 to the Respondent No.1. It is stated by the Writ Petitioner in its Representation that the current eligibility requirement with a minimum annual turnover of Rs.10.00 Crores for each of the last three financial years is onerous. Since the threshold was fixed at 5.00 Crores in the previous tender Ex.P.2 (Colly), the A.P. Web Offset Printers Association had addressed a letter to the Commissioner of Industries on 25/2/2025 to the effect that the conditions imposed in the Tender dtd. 18/2/2025 are not only onerous but are also in violation of the mandatory norms as fixed for MSME category of industries. The A.P. Web Offset Printers Association had requested the Respondent No.1 to issue necessary directions to the Director of A.P Government Text Book Press for MSME category of Industries to allot 25% work to the printing MSMEs as per Central Government guidelines, vide G.O.Rt.No.103 Industries and Commerce (P&I) Department dtd. 15/5/2020. It was also reminded to the Respondent No.1 that during the financial year 2024-2025, the Government Text Book Order was awarded to MSMEs only.