HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE FOURTEENTH DAY OF OCTOBER, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WP .NO: 3114 of 2014 Between:
M/s. Kamadhenu outsourcing, Rep. by the Managing Partner, K. Linga Reddy, S/o. Samsree Reddy, D.No.12/4/61, Plot No. 64, Main Road, Vidyuth Nagar, Anantapur, Anantapur District.
. Petitioner AND
1. The Government of Andhra Pradesh, Rep. by the Principal Secretary, School Education, Secretariat Buildings, Hyderabad.
2. The District Educational Officer and Ex Officio Project Coordinator, Rastriya Madyamika Shiksha Abhiyyan (RMSA), Ananthapur.
3. The District Collector and Chairman, Outsourcing Agency Selection Committee, Ananthapur.
. Respondents Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents as illegal and arbitrary in issuing proceedings dated 10.12.2013 and thereby stating the outsourcing of supply of Man power to the Model School, Ananthapur vide Tender Notification in RC.No.197/A1/Model Schools/RMSA/2013, dated 12.06.2013 nul and void and consequently set aside the proceedings dated 10.12.2013 and direct the Respondents to permit the petitioner to execute the works of outsourcing Man power to the Model Schools in Ananthapur vide Tender Notification in RC.No.197/A1/ Model Schools/ RMSA/2013, dated 12.06.2013.
The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 11-06-2014, 16-07- 2014, 28-07-2014 & 05-08-2014 made herein and upon hearing the arguments of Smt. R. Annapurna, Advocate for the Petitioner and G.P. for School Education (A.P.) for the Respondents, the Court made the following ORDER:
I had heard this writ petition at length. The petitioner was selected as an outsourcing agency to provide manpower and an MOU was also entered with the petitioner. However, before the actual commencement of the said MOU, under the impugned order dated 10.12.2013, passed by the second respondent, it was directed to hold the engagement of outsourcing agency until further orders.
Petitioner has, therefore, filed the present writ petition claiming its entitlement to work under the said contract already awarded to it.
Though counter affidavit and additional counter affidavit are filed, it is not discernible as to what is the final decision taken by the respondents with regard to the outsourcing contract entered into with the petitioner.
Contd…2/P The District Collector, who is the Chairman of the Outsourcing Agency Selection Committee, respondent No.3 herein shall, therefore, look into the issue and take a final decision in the matter within a week from today.
List after one week.
//TRUE COPY// To Sd/- P. SRINIVASULU ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Principal Secretary, School Education, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad.
2. The District Educational Officer and Ex Officio Project Coordinator, Rastriya Madyamika Shiksha Abhiyyan (RMSA), Ananthapur.
3. The District Collector and Chairman, Outsourcing Agency Selection Committee, Ananthapur. (By Speed Post)
4 One CC to Smt. R. Annapurna, Advocate (OPUC)
5 Two CCs to the G.P. for School Education (A.P.), High Court, Hyderabad. (By Spl. Messenger)
6 One spare copy. nnr HIGH COURT VVA,J DATED: 14-10-2014 NOTE: List after one week ORDER W.P.NO. 3114 OF 2014 DIRECTION HIGH COURT Nnr Date of Drafting : 15-10-2014 VVA,J DATED: 14-10-2014 NOTE: List after one week ORDER W.P.NO. 3114 OF 2014 DIRECTION