INNOVATIVE INDUSTRIES Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 of the Constitution of India by the petitioner seeking to set aside the tenders dtd. 5/5/2025 issued by respondent Nos.3 and 4.

(2.) Heard Sri P.V. Venugopal, learned Senior Counsel representing Ms. Vanga Anita, learned counsel for the petitioner and learned Government Pleader for Tribal Welfare Department, for the respondents.

(3.) Learned Senior Counsel for the petitioner submits that the petitioner is a reputed firm engaged in the business of supplying Reverse Osmosis (RO) water purification systems and has been actively operating in the State of Telangana. Though the said tender notifications were dtd. 5/5/2025, the same were uploaded only on 7/5/2025 at 9:00 P.M., thereby curtailing the effective bidding window. He submits that the eligibility and technical criteria stipulated in the said tender notifications are tailor-made to suit a specific undisclosed company, thereby excluding all other eligible participants, including the petitioner. Arbitrary conditions such as the requirement for prior supply of 200 RO units of 500 LPH or higher capacity, mandatory CE and RoHS certifications (which are applicable to European standards and not relevant in Indian context), water quality test reports dated specifically after 1/1/2025, and insistence on a specific make of electronic control panel ("WAVE") render the tender process discriminatory and violative of Articles 14 and 19(1)(g) of the Constitution of India.