PRALAKSHA CHARITABLE TRUST. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner - Registered Charitable and Educational Trust is knocking at the doors of Writ Court seeking a direction to the 2nd Respondent "to withdraw the tender notification dtd. 25/7/2022 at Annexure-B and to issue a fresh notification by imbibing clauses to protect the public property and to facilitate fair and transparent competition in the interest of justice". Learned counsel for the petitioner argues that the tender condition which prescribes experience of '25 years' in running charitable hospital of the kind is arbitrary and uncalled for and therefore, the entire tender should be voided and a direction for issuing a fresh tender needs to be granted.

(2.) After service of notice, the 1st Respondent being represented by the AGA and the 2nd by its panel counsel vehemently oppose the petition contending that the petitioner is essentially an educational trust, even if arguable it is charitable. It has no locus standii to maintain the Writ Petition. They also contend that what condition of qualification & eligibility should be prescribed is left to the tender inviting authority and therefore, the Writ Courts cannot interfere in the matter. So submitting, they seek dismissal of the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter broadly agreeing with the submission made on behalf of the respondents. The Trust Deed dtd. 8/11/2019 supports contention of the respondents that the trust is less than three year old and it is established as a public charitable trust essentially for educational purpose. Therefore, it has no locus standii to maintain the petition.