JAYARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsels for the parties.

(2.) A notification was issued inviting tenders for supply of food materials like bread, milk etc. , to the different hospitals of Chitradurga district. Annexure-A is the notification dated 17-2-2005 permitting the applicants to obtain the documents on or before 11-3-2005 and submit the same on or before 15th March, 2005 before 11 p. m. The present petition is filed by the petitioner on the ground that the notification is contrary to Rule 17 of the Karnataka Transparency in Public procurements Rules, 2000. According to the petitioner, if the value of tender is upto rupees two crores, the authorities have to give a minimum period of 30 days to receive the tender documents from the date of publication. Therefore, relying upon Rule 17, petitioner has approached this Court to quash the notification dated 17-2-2005 contending that the last date fixed by the 4th respondent to receive the tender document as 15-3-2005 will fall short of two days. Therefore, contending that Annexure-A is not in accordance with Rule 17, he requests this Court to quash the same.

(3.) LEARNED Additional Government Advocate contends that there is a shortfall of 2 days in publishing the tender notification, since the officials were engaged in election duty. Therefore, he requests this Court to condone the lapse and pennit the respondents to proceed with the tender process.