tMadagani Sathaiah v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to iss0e a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the impugned proceedings of respondent no. 2 given to petitioner across the Bench dated 24tgl2o25 in WP No.29489 of 2O25as illegal, arbitrary and void-ab-initio and violative of due process of law and violative of Articles 14, 21 of the Constitutional of lndia, besides, being in violation of the principles of naturaljustice and consequently set aside the same. !A NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further action of the Respondents pursuant to the tender notification bearing Rc.No.98/ GGH/NGLI 2025 dated 251312025 issued by the Respondent No.5 pending disposal of WP. Counselfor the Petitioner: SRI B.MURALIDHAR Counsel for the Respondent Nos.1 TO 6: AGP FOR MEDICAL HEALTH & FW Counsel for the Respondent No.7: SRI E.SREENIVASA RAO W.P,NO: 29489 OF 2025 Between: Madagani Sathaiah, S/o. Ramulu, Aged about 53 years, Occ. Diet Contractor, R/o.H.No.4-21, Narsingbatla, Nalgonda - 508 244 ...PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary Health, Medical and Family Welfare Department, Secretariat, Hyderabad

2. District Diet lvlanagement Committee, Rep. by the Commissioner, Department of Health, Medical and Family Welfare, State of Telangana DIvIHS Campus, Sultan bazat, Koti, Hyderabad - 500095

3. The Director of tvledical Education, Government of Telangana at Koti,

4. The Commissioner, Health, Medical and Family Welfare, State of Telangana, r Hyderabad. DMHS Campus, Sultan bazat, Koti, Hyderabad - 500095.

5. The Additional Collector, ( Revenue Nalgonda District at Nalgonda 6. The Superintendent, Government General Hospital Nalgonda Town and Hyderabad District

7. Nimma Sudhakar, D. No. 2-3-713lBl2l3ol3l1, Tirumalanagar Amberpet, Cirlce no. 16 Hyderabad Mobile No.9866969561

8. The Krishna Constructions, Koushi Nagar, Bandlaguda, Nagole Hyderabad Mobile No.9849559090

9. The Saroja Caterers and Hostel, Represented by its Proprietor R.Satyanarayana Ashok Nagar, RTC X Roads, Hyderabad. * ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed ther:ewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of [/andamus, (i) declaring the proceedings of the 6th Respondent bearing Letter No. Spl/ GGHi NLGi 2025 dated 191912025 as illegal, arbitrary, unconstitutional, null and void, and consequently, set aside the same. (ii) declaring the tender Notification issued by the Sth Respondent vide Rc.No.98/GGH/NGL12025 dated 251312025 for supply of diet for the period 2025-2027 as contrary to due process of law and also violative of G.O.tvls.No.325 dated 01-11-20211, issued by the 1st Respondent, in spite of the Petitioner being the contractor for the past 2019 onwards till date and having satisfactory performance, as illegal, arbitrary and void- ab-initio and violative of due process of law and;violative of Articles 14, 21 of the Constitutional of lndia, besides, being in violation of the principles of natural, justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further action of the Respondents pursuant to the tender notification bearing Rc.No.98/ GGH/ NGL,/ 2025 dated 251312025 issued by the Respondent No.S, pending disposal of WP. Counsel for the Petitioner: SRI B.MURALIDHAR Counsel for the Respondent Nos.1 TO 6: GP FOR MEDICAL HEALTH & FW Counsel for the Respondent Nos.7 TO 9: - The Court made the following: COMMON ORDER I. . HON'BLE SRI JUSTICE NAGESII BHEEMAPAI{A WRIT PETITIoNS No. 29863 AND 2 oF 20.25 ORDER: Petitioner is stated to be a diet contractor and so far, supplied quality food to various gurukul schools and colleges such as TS WRC Junior College for Girls, Nidamanoor Village and Mandal, Nalgonda District, KGBY Mothe, Nalgonda, APSWR for Girls, GV Gudem and Nakrekal of Nalgonda, MJPTSCWR School for Girls, Appajipeta of Nalgonda, ACME Coltege of IT, Malakpet, Hyderabad for different periods of contract.

1.1. While so, it is stated, pursuant to the tender floated by the Sth respondent uide proceedings dated 25.03.2025 for supply of diet to patients and duty doctors in the 6ft respondent I hospital for a period of two years i.e. 2025-26 and 2026-27, petitioner submitted his tender duly complying with the conditions and deposited Rs. 3 lacs as per the tender notification. In the short list of the 2nd respondent - Diet a Committee, petitioner's name was found p1ace, however, the 6e respondent issued letter dated 19.09.2025 to all the concerned includ.ing Respondents 7 to 9 stating that financial bid.s were to open on 20.09.2025 at 04.O0 P.M. in the chamber of the 5ft respondent and directed them to attend the asme, whereas 2 petitioner's name was not there and he was also not informed the reason therefor. According to petitioner, financial bids were to be opened on O3.O4'2O25 but it was scheduled to 2O.O}.2O25. Hence, Writ Petition No' 29489 of 2025 was filed' When this Writ Petition has come on Board on 2. 24.Og.2O25, learned Government Pleader for Medical, Health and Family Welfare has placed before the Court a copy of the proceedings of the District Diet Management Committee to the effect that petitioner was disqualified on the ground that he has experience in TSWJRC catering services in KGVP but he has no experience in government hospitals, NO VAT and IT' Challenging the said proceedings given to him 3. across the Bar, petitioner filed Writ Petition No' 29863 of 2025 contending that the grounds for disqualification given in the proceedings placed across the Bench are hand-written as if it was written then and there and the same casts doubt on Respondents 5 and 6' In this Writ Petition, Sri Nimma Sudhakar, in whose 4. favour,. the 6th respondent issued proceedings dated 24.Og.2O25 awarding contract for supply of diet to the patients and duty doctors in the said hospital, has taken out I'A'No' 2 of 2O25 seeking his impleadment as the 7th respondent' The said Application was ordered on O9'1O'2025' I J

5. The 6th respondent hospital filed counter contending that they informed all the bidders who participated in the Diet Tender to attend the chamber of Additional Collector (Rev) on 2O.O9.2O25 at O4.OO P.M. for opening the financial bid for diet contract 2025-26, 2026-27 and to explain the reasons for rejection to all participating firms, through telephonic communication, but petitioner's mobile was not reachable and also official correspondence uide letter dated L9.O9.2O25. He was disqualified for the following reasons: 1) Petitioner was having only three years experience in educational institutions only and after that he was having gap of experience in Diet supply after completion of every contract period and also having experience in short spells indifferent schools. Hence, he was disqualified as per the tender document clause a@)(l)(a) and I Tender Evaluation s(A)(ii) Criteria under Cl. aF); 2) Further, petitioner has not submitted the annual financial statements audited and approved by the auditors, for immediate preceding 5 years for teaching hospitals; 3) petitioner has to furnish IT a returns for the immediate preceding five years as per Selection criteria of tender Rules 4 2(a), whereas he has furnished only for the financial years 2O2A-21 and 2022-23, IT returns for the financial year 2Ol9-2O, 2O2l-22 and 2023-24 were not furnished; 4) petitioner has submitted GST returns from July 4 2024 to Febrrrary 2025 only for a period of eight months and he has not submitted for all three years; 5) petitioner has not submitted form C (Government of Telangana) FSSAI License under FSS Act, 2006. The 7e respondent also filed counter denying the

6. averments of petitioner. He states that petitioner's bid was rejected after giving cogent reasons and the authorities acted as per the terms of the tender document while rejecting his bid and no fundamental or constitutional or legal right of petitioner has beeh infringed. Since petitioner failed to produce the mandatory documents as required under the tender document, his bid was rejected.

7. Heard Sri B. Muralidhar, learned counsel for petitioner and learned Assistant Government Pleader for I Medical, Health and Family welfare and sri E. sreenivasa Rao, learned counsel for the 7ft respondent in Writ Petition No. ! 29863 of 2025. Petitioner's bid was evidently, rejected on the 8. grounds -of lack of experience, especially in govemment hospitals and non-submission of required documents such as annual financial statements, IT returns , and' Form C (Government of Telangana) FSSAI License under FSS Act, 2006 as required under clause a(B)(l)(a) and Tender Evaluation 5 s(Axii) Criteria under Cl. 4(b). Petitioner except taking a plea that he was not furnished any cogent reasons, has not made any endeavor to answer the deficiencies pointed out by the 6th respondent in their counter. In view of the sarne, this Court does not find any reason to find fault with the action of the official responde.ri" in awarding contract in f,avour of the 7ft respondent. The Writ Petitions are therefore, liable to be dismissed. g. costs.

10. The Writ Petitions are accordingly, dismissed. No Consequently, Miscellaneous Applications, if any shall stand closed. //TRUE COPY//

1. One CC to 2. Two CCs to Telangat One CC 3 'A. Two CD CoPies na. at Hvderabad to'SRl E.SREEN SRI B.MURAL GP FOR MEDI IDHAR, Advocate CAL HEALTH & loP FW . tourl IVASA RAO , Advocate [OPUC] To PSK. GJP SD/.U. SUDHA ANT REGISTRAR t. OFFICER urt for the State of I HIGH COURT DATED i2111112025 COMMON ORDER WP.Nos.29863 AND 29489 of 2025 ;.rrAS \ 3 ol Jrll?ozt -) DISMISSING THE WRIT PETITIONS WITHOUT GOSTS * t\ I . ...---a';il