GEETHA ELECTRICAL STORES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these two petitions, petitioner - Partnership Firm is knocking at the doors of the Wirt Court grieving against certain conditions stipulated in the Tender Notification dtd. 17/6/2022 issued by the General Manager (Elec.) of 3rd Respondent whereby bids for execution of several works have been invited.

(2.) Learned counsel appearing for the petitioner submits that the 'qualifying requirements' as prescribed at paragraph 11 (4) & (5) in the subject notification are unsustainable inasmuch as there are already Standard Tender Documents generated at the hands of Government on 6/8/2005 & 14/10/2008. The impugned clauses of the said notification read as under:

(3.) Petitioners counsel fairly submits that ordinarily as to what conditions are to be stipulated in the tender document lies in the exclusive domain of authorities and Writ Courts do not readily interfere, subject to all just exceptions. However, the extant normative guidelines having been promulgated vide Government Orders dated 2005 and 2008, no discretion is left to the tender issuing authority to prescribe something else and therefore, the impugned conditions are void ab initio. This apart, the non compliance with such general conditions is an error apparent on face of the record warranting indulgence of the Writ Court. An argument to the contrary, says the counsel, would deprive small contractors to tap State Largesse. He also contends that the stipulations are unjust and arbitrary warranting their invalidation.