T V RAJAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER in this petition has sought for setting aside the order dated 25th april 2008 vide Annexure E as illegal, arbitrary and unsustainable. Further, petitioner has sought for a direction, directing the second respondent to award the contract in favour of petitioner.

(2.) FACTS in brief is that the second respondent-Director of Kidwai Memorial institute of Oncology, Bangalore has issued the Tender Notification dated 27th June 2007 to run a canteen in the second respondent -hospital premises. The petitioner and the third respondent submitted their tender applications along with the respective quotations. The second respondent did not consider the case of the petitioner and his offer was rejected, in spite of quoting lower price in respect of 23 different items of food for the attendants and patients, who are admitted for treatment of their respective diseases. It is the case of petitioner that, even though, the third respondent has offered higher price in respect of the different items to be supplied in the hospital premises, his tender has been accepted without following due procedure as envisaged under the Transparency Act and rules. Therefore, petitioner herein is constrained to redress his grievance by presenting the instant writ petition, seeking appropriate reliefs, as stated supra.

(3.) I have heard learned counsel appearing for petitioner and learned counsel appearing for respondents.