HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.29227 of 2014 Date : 17-12-2014 Between :
P. Seetharamaiah and others .. Petitioners And Rajeev Gandhi University of Knowledge Technology (RGUKT), represented by Its Registrar, Hyderabad and others .. Respondents Counsel for petitioners : Mr. Ramidi Sathyanarayan Counsel for respondent Nos.1 & 2 : Ms. M. Vidyavathi, Standing Counsel The Court made the following:-
ORDER:
This Writ Petition is filed for a mandamus to declare the action of respondent Nos.1 and 2 in allowing respondent No.3 to participate in the tender pertaining to provision of catering services in respondent No.2-college in pursuance of tender notification bearing No.Ref:RGUKT/Proc/Catering(AP)/T04/2014, dated 25-7- 2014 as illegal and arbitrary.
In the view this Court proposes to take, it is not necessary to refer to the facts in detail. It will suffice to note that the petitioners filed this Writ Petition with the plea that though respondent No.3 was responsible for providing unhygienic food leading to 300 students falling ill, he is allowed to participate in the fresh tenders for providing catering services at the Rajeev Gandhi University of Knowledge Technology, Idupulapaya, Vempalli Mandal, Y.S.R. Kadapa District.
On behalf of respondent Nos.1 and 2, a detailed counter affidavit is filed wherein it is inter alia stated that about 18 to 20 students fell ill on 24-3-2013; that the Internal Committee constituted by the University has reported that the incident has not occurred due to food poisoning as published in the newspapers and that as a precautionary measure and to warn respondent No.3, he was penalized by imposing a fine of Rs.1 lakh. That based on the complaint of Sri Y.S. Avinash Reddy, Hon’ble Member of Parliament, a detailed report was called for from the Director, which reveals that the students suffered ill-health not due to food poisoning but due to various other factors such as mental stress, anxiety and tension of examinations.
Though the reasons with which respondent Nos.1 and 2 have come out for the ill-health of the students en masse appear to be somewhat incredulous, this Court is not satisfied with the locus of the petitioners as well. The petitioners are not even the residents of Idupulapaya or any nearby place. It is not their pleaded case that any of their children or family members are studying in respondent No.2-college. A vague plea is raised by the petitioners by stating that their close relatives are studying in respondent No.2-college. However, the petitioners have not disclosed the names of such students and their relationship with the petitioners. The petitioners have not filed this Writ Petition in public interest. Therefore, unless they satisfy this Court that their personal interests are affected, the Writ Petition cannot be maintained for adjudication on merits. On this short ground alone, the Writ Petition is dismissed, however, without adjudicating on the correctness or otherwise of the allegations made against respondent No.3. The legality or otherwise of the action of respondent Nos.1 and 2 in entrusting the contract to respondent No.3 is left open to be adjudicated in the event any of the students of respondent No.2-college or their family members approaching this Court.
As a sequel to the dismissal of the Writ Petition, WPMP No.36539 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 17-12-2014 AM