WP/26111/2006 of T. Rajendra, Vs Nizam Institute of Medical Sciences, on 26 December 2006

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND SIX

:PRESENT:

THE HON'BLE MS. JUSTICE G.ROHINIWRIT PETITION NO : 26111 of 2006

Between:

T. Rajendra, S/o.T.P. Maharadhi,

R/o. 1356, Road No.45, Jubilee Hills, Hyderabad.

..... Petitioner

AND

Nizam Institute of Medical Sciences, rep. by its Executive Registrar,Punjagutta, Hyderabad.

.....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 a Writ of Mandamus or any other appropriate writ declaring that the action ofthe respondent in issuing the impugned tender notification bearing Rc. No. Misc/2006/1/HRD/H1, dated 29.11.2006, published in Vartha Telugu Daily Newspaper,dated 02.12.2006, calling for tenders with regard to the contract of supply ofunskilled and semi-skilled labour to the respondent institute with effect from01.01.2007 to 31.12.2009 without enabling the petitioner to have adjudication of thedispute relating to renewal of the present contract resolved by Arbitrary Tribunal asper clause 18 of the Agreement, dated 18.09.2003, is arbitrary and illegal andconsequently direct the respondent institute not to introduce third parties into thesubject matter relating to supply of unskilled and semi-skilled labour to the institute (the contract covered by agreement between the petitioner and the respondentinstitute, dated 18.09.2003)

The petition coming on for hearing, upon perusing the petition and theaffidavit filed in support there of and the order of the High Court dated 18.12.2006made herein and upon hearing the arguments of Sri Vedula Venkataramana,Advocate for the Petitioner, and of Sri S.S.Bhatt, Advocate for the respondent, thecourt made the following: