YSR DISTRICT CIVIL SUPPLIES CORPORATION Vs. STATE OF AP
LAWS(APH)-2019-8-68
HIGH COURT OF ANDHRA PRADESH
Decided on August 28,2019

Ysr District Civil Supplies Corporation Appellant
VERSUS
State Of Ap Respondents

JUDGEMENT

D.V.S.S. Somayajulu, J. - (1.)This Writ Petition is filed seeking the following relief:
" to issue a writ, order or a direction, more particularly one in nature of Writ of Mandamus by declaring the action of the 4th respondent in issuing tender notification vide Ref.No.2410- 3/PDS/Stage.II/Tender/2019-20, dated 11.06.2019 published in Andhra Jyothi news Paper dated 13.06.2019 for appointment of Stage II Contractor for transportation of essential commodities in respect of all Revenue Division of Y.S.R. Cuddapah District without providing reservation for Scheduled Caste Communities by formulating a policy in accordance with schemes which were in existence vide Government memo dated 12.08.1985 read with circular dated 29.03.2003 as being arbitrary, illegal opposed to principles of natural justice, unconstitutional and in violation of Article 14 of the Constitution of India and consequently direct the respondents to formulate the policy of reservation for Scheduled Caste Communities in the matter of appointment of Stage II Contractors and to pass such order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

(2.)This Court has heard Sri D.Linga Rao, learned counsel for the petitioner and Sri Kalamata Raghu Babu, learned counsel for the 4th respondent and Standing Counsel for the A.P. State Civil Supplies Corporation.
(3.)The petitioner before this Court is a registered association called "YSR District Civil Supplies Corporation Stage II Mini Lorry Transport Association" which was registered in 2010. They are assailing the action of the respondents in issuing a tender Notification, on 11.06.2019, without framing the reservation policy as per Government Memo, dated 12.08.1985, and a Circular, dated 29.03.2003. Learned counsel for the petitioner submits that despite the clear Government directions, the respondents have not framed any policy and have published the impugned tender notification. Learned counsel for the petitioner relies upon a Memo, dated 17.09.1985, wherein the District Collectors were requested to see that the deserving candidates belonging to SC, ST, BC, Minorities, Physically Handicapped and Educated Unemployed youth are given the task of transportation of essential commodities. He also relies upon the further direction contained in Circular dated 29.03.2003, wherein the Managing Director of the Civil Supplies Corporation (Respondent No.3) gave a direction to follow Government instructions and involve deserving beneficiaries in transportation of the essential commodities. The petitioner's grievance is that in the year 2013 itself they had submitted a representation, dated 29.01.2013, to the Minister of Civil Supplies, Government of Andhra Pradesh that their case should be considered for awarding the work. The Minister also endorsed the same to the 2nd respondent. The petitioner had also filed similar cases before the High Court, wherein some interim orders were also granted, according to the learned counsel. The respondents, despite the earlier orders on the subject, have not framed any policy as per the Memo dated 12.08.1985 and the Circular Memo, dated 23.09.2003. Hence, he prays for a direction to the respondents to formulate a policy for the Scheduled Caste community in the matter of appointment of Stage II contractors and to grant an order in the nature of a writ of mandamus against the tender notification.
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