Telangana High Court
WP/24413/2004 of Kommuri Mohan, Vs Government General Hospital, on 28 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24413 of 2004 Between: Kommuri Mohan Rao S/o. Pitchaiah Aged about 35 yrs R/o.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE N.V. RAMANA
WRIT PETITION NO.24413 of 2004
Between:
Kommuri Mohan Rao S/o. Pitchaiah
Aged about 35 yrs
R/o. 9-65-48,Sykamvari Street, Vijayawada- 520 001
AND
..... PETITIONER
Government General Hospital,
Rep by its Superintendent, Vijayawada
.....RESPONDENT
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue an appropriate writ, order or direction, particularly a Writ of Mandamusdeclaring Clauses 1,3 and 6 of the proceedings bearing RC No.1807/A4/02 dated16-12-2004 “Tender Notification” issued by the respondent as illegal and ultra viresto the provisions of Articles 14 and 19 (1) (g) of the Constitution of India, directing therespondent not to proceed further in pursuance of the said notification.
Counsel for the Petitioner: MR.V.S.R.ANJANEYALU
Counsel for the Respondent: GP FOR MEDICAL HEALTH & FAMI.WELFARE
The Court at the stage of admission made the following :
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ORDER:
The respondent herein has issued a tender notification dated 16.12.2004, invitingsealed tenders from the firms registered in A.P. State to open and run one medicalshop in the premises of the Government General Hospital, Vijayawada, prescribingrequisite qualifications, as under:
1).. Dedicated exclusively to Health Care
2).. Minimum of 5 years of Registration issued by APGST
3).. Proven Tract record of work in Health care
4).. Valid and continued Income Tax for last 3 years
5).. Valid and continuity of Drug licence with firm certificate, Registration number
6).. Valid solvency certificate.
The present writ petition is filed on the ground that the requisitequalification/condition Nos.1, 3 and 6 are vague and confers on respondentcomplete and absolute discretion and the same are intended to benefit certainpersons.
Heard the learned counsel for petitioner and learned Government Pleader forMedical and Health.
Learned Government Pleader for Medical and Health submitted that the tender process is at preliminary stage only and the present writ petition is filed merely on apresumption and is not maintainable.
Admittedly the tender process is at preliminary stage and tenders are only called for.The petitioner has not participated in the tenders. Unless and until the tenderprocess is finalized and tenders are awarded, it cannot be said that the respondenthas misused any of the tender conditions. The writ petition is filed merely on apresumption and at this stage, it cannot be said that tender conditions conferabsolute powers on the respondent which can be misused. The petitioner is atliberty to participate in the tender and if aggrieved by any action of the respondent,he is at liberty to challenge the same, before appropriate forum.
Subject to above observation, the writ petition is dismissed. No costs.
____________N.V.RAMANA,J
28-12-2004.Tvk
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1.. The Superintendent,
Government General Hospital,
Vijayawada
2.. 2CCs to GP FOR MEDICAL HEALTH & FAMI.WELFARE, High Court of A.P.Buildings, Hyderabad (OUT)
3.2CD copies