G.VENKATA RAMANA Vs. STATE OF A.P.

JUDGEMENT

(1.) The above Writ Petition is filed to declare e-procurement tenders for carrying out operation & maintenance including watch & ward, house-keeping & gardening, MRT Assistance & assistance for Telecom of E.H.T Sub-stations and lines and CBD & SM Gangs for lines & sub-stations on works Contract basis vide Bid document Nos. (1) APT-e-37/CE/Zone/Kadapa/2024-25-Tender ID.776815; (2) APT-e33/CE/Zone/Kadapa/2024-25-Tender ID.776781; (3) APT-e36/CE/Zone/Kadapa/2024-25-Tender ID.776809; (4) APT-e34/CE/Zone/Kadapa/2024-25-Tender ID.776793; (5) APT-e35/CE/Zone/Kadapa/2024-25-Tender ID.776800 and (6) APT-e38/CE/Zone/Kadapa/2024-25-Tender ID.776823, issued by 3rd respondent as illegal, arbitrary and in violation of Article 14,19 and 21 of Constitution of India.

(2.) The averments in brief are that the 2nd respondent-Andhra Pradesh Transmission Corporation Limited called for tenders for carrying out aforementioned works on contract basis; that Clause No.5 (iii) of the bid document, specification issued by the 3rd respondent is illegal, void and arbitrary; that inserting Clause No.5 (iii) is against the equality; that without considering the financial viability and turnover of the contractor, imposing the lottery system in the tender notification amounts to arbitrary action of the respondents and it violates the fairness and equality and that the petitioner is having A Grade licence and authorized to carryout electrical installations.

(3.) A counter affidavit was filed on behalf of respondents 3 to 5. It was contended, inter alia, that under the tender conditions, the estimated contract value, which covers salaries of staff under contract is fixed, and the bidder has to quote bid only towards percentage of commission on Estimated Contract Value (ECV) for the purpose of Administrative/Supervision charges. The work that would be given under the present contract does not involve much complexity. Therefore, the condition was incorporated in Clause No.5 (i) and (iii) that if more than one bidder quotes the same percentage and they are found to be the lowest tender, the bidder would be selected based on lottery. The said condition of lottery is stipulated as part of fairness in selecting the bidders in the contingency of tie, so as to see that selection of bidder is saved from any allegation of favouritism. The petitioner without participating in the tenders, filed the writ petition to hamper the tender process. Neither legal rights nor fundamental rights of the petitioners are infringed and eventually, prayed to dismiss the writ petition.