High Court · 2025

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 issue an appropriate Writ' Order or Direction' more particularly in the nature of writ of Mandamus, decraring the acfion of the respondent in issuing tendernoticel05/REG/TUiNZBt2o25dll2,og.2o2sforinvitingtendersforsupply of outsourcing employees from the third parties as the same is illegal and arbitrary , and consequently set aside the same and continue the petitioner services as out sourcing agency' IA NO :1 OF 2O25 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to stay all further proceedings in pursuance of the tender notice '1 05/RE GfiUlNZBl2O2s dt 12 os 20 outsourcing agency and university. 25 issued by the respo employees and to continrndent to continue tne emptoy] for inviting tender the petitioner t for supply of "".r,"". ees or the petitioner ; ;:"rj.r::."; Counse, for the petitioner : ffi :r;: ff i.";.* rhe courr made the,",,"*,,nllir:: t"- sERVrcEs : ;"J#:;l."iJ:::;:;;'^^ GoR GE HON'BLE MRS. JUSTICE SUREPALLI NANDA WRI P ITION NO. o 3 oF2 o25 ORDER: Heard Sri G. Ravi Mohan' learned senior designated counsel representing Sri G' Naresh Kumar' learned counsel on record appearing on behalf of the petitioner' Sri B. Thimothi, learned standing counsel appearing on behalf of respondent No'1 and learned Government Pleader for Services appearing on behalf of respondent No.2. 2 The DO ached thi c urt seekino the oraver as under: "...to issue an appropriate Writ, Order or Direction' more particularly in the nature of Writ of Mandamus' declaring the action of the respondent in issuing tender notice 105/RE G/|U/NZB/2)25 dated 12'09'2025 for inviting tenders for supply of outsourcing employees from the third parties as the same is illegal and arbitrary' and consequently set aside the same and continue the petitioner services as out sourcing agency and pass such other order..." The case of the petitioner, in brief, is that the petitioner is registered Firm established in the year 1997' The petitioner 3 a ! ') \\,P_10132 202 5 provides manpower secu rity services and also supplies outsourcing staFf (employees) in Class III and Class IV categories, such as Data Entry Operators, Jun ior Assistants, Security personnel etc., to the Respondent University on contract basis and the said contract is being renewed every year. Such renewal is subject to the condition that there should be no complaint against the petitioner, either from the employees working through the petitioner or from the ESI/PF authorities. It is further the case of the petitioner that the petitioner and the respondent entered into an agreement on 06.09.2024 with respect to engaging security personnel and outsourcing staff for a period of one year, subject to renewal for one more year depending upon satisfactory performance. However, the respondent issued Tender Notice No. 7OS/REG/IU/NZB/2025 dated 12.09.2025, inviting tenders from outsourcing agencies/service providers for two categories of manpower on a purely temporary outsourcing basis. During the subsistence of the agreement dated 06.09.2024, and in the absence of any complaint against the petitioner, the respondent had abrupfly issued the tender notice dated 12.0g.2025 by terminating the services of the petitioner. Aggrieved by the same, the petitioner filed the present writ petition. i 3 SN. J \\rP l0ll2 2025 PERUSED TH E RECORD:- 4. Learned senior designated counsel appearing on behalf of the petitioner submits that the petitioner has an effective licence to supply outsourcing manpower (44 Security Personnel) to the respondent university and to that effect an agreement had been entered into between the petitioner and the respondent university vide agreement dated 06.09.2024 at Dichpally, Nizamabad District, Telangana and there had been no complaints against the services rendered by the petitioner herein and the performance of the petitioner had been satisfactory and further there is a clause in the agreement dated 06'09'2024 i'e', clause (2) stipulating the extension of the period of one year, if the performance is satisfactory and therefore the respondent universityoughttohavecontinuedtheservicesofthepetitioner for providing manpower security services without issuing the impugned Tender Notification dated 12'09 '2025 vide No.105/REG/TU/NZB/2025 inviting tenders for supply of outsourcing employees from the third parties and therefore, the action of the respondents in issuing the said subject tender notification is illegal and hence the petitioner is entitled for the relief as prayed for in the present writ petition. .:{ 4 WP ]OJ32 202)

5. Learned counser appearing on beharf of the respondents upon instructions submits that during the period i.e., 06.09.2024 to 05.09.2025, the petitioner Faited to deposit the ESI & EpF contribution within the stipulated period as per the terms and conditions of the Agreement. But however, the petitioner had deposited the same subsequenUy and that the contract period of the petitioner expired on 05.09.2025 as per dated 06.09.2024 issued by the 1 respondent. Therefore, the Respondent-University had issued a fresh tender notification dated 12.09.2025 indicating the last date for receiving the tender quotations as 06.10.2025 up to 4:00 p.M., with further stipulation in the said notification that the Tenders will be opened on 07.70.2025 at 11:00 A.M. the work order of complaints in the respondent

6. Taking into consideration the fact that there are no complaints registered against the petitioner nor there is any reference the written instructions submitted by standing counset university through the to the Court, this Court opines that the respondent No.1 is bound to consider the request of the petitioner to continue the petitioner services as outsourcing agency for the purpose of providing manpower security services and also for providing \ 5 SN. J t\rP l0.l-1:2025 outsourcing staff (employees) in class III and class IV categories to the respondent university as per clause 2 of the Agreement dated 06.(J9.2024 entered into between the petitioner and the 1't respondent university which piovides for extension of contract period for one more year after the expiry of one year contract period in September 2O25, The petitioner is directed to submit a representation to the 1't Respondent-University putting forth petitioner's grievance as put forth in the present writ petition, within one (O1) week from the date of receipt of a copy of the order and upon the petitioner submitting the said representation to the 1"t respondent university, the l't respondent University is directed to consider the same and take a decision on the subject issue within one (O1) week thereafter on the representation of the petitioner pertaining to the request of the petitioner to continue the petitioner services as out sourcing agency and to continue the employees of the petitioner in the respondent university, and duly communicate the decision on the subject issue to the petitioner. Till the above exercise is initiated by the petitioner and decision communicated by the 1"t 6 \r'P l0l l2 2 respondent University to the petitioner as indicated as above, within the time period as stipulated as above, the respondent University is directed not to proceed any further in pursuance to the tender notification vide No.1O5IREG ITU/NZ,B/ZO2S dated t2.Og.2O2S issued by the 1tt respondent university. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition. shall stand closed. //TRUE COPY/i SD/.C.DEEPIKA ASSISTANT REGISTRAR @ SECTION OFFICER To,

1. The Registrar, Telangana University, Dichpally, Nizamabad, Telangana 2. The Principal Secretary Higher.Education Department, Secretariat Buildings, State of Telangana, Hyderabad.

3. One CC to SRI NARESH KUTVAR GORtcE, Advocate lOpUCl 4. One CC to SRI B.THIMOTHI (SC FOR PJTSAU) [OPUC] 5. Two CCs to GP FOR SERVICES, High Court for the State of Telangana.

6. Two CD Copies. BSK HIGH COURT DATED:0811012025 CC TODAY a''- ,) ir- I I -. t.:- ' iJ :l

11.- t4< 1,. )'-) -)-r-i U q .'..,-. ':.-+ .. ?. 'i ,\ 0m m6 ::----. , r ORDER WP.No.30332 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ).6 ^