VEERABHADRESHWARA TRADERS GULBARGA Vs. REGISTRAR GULBARGA UNIVERSITY GULBARGA

JUDGEMENT

(1.) THE petitioner has sought the writ of certiorari for quashing the 1st respondents order, dated 3-6-2009 (Annexure-F) giving the contract of supplying and installing the solar water heater units to the first respondent-Universitys hostels. THE learned Counsel for the petitioner, Sri N.S. Deshpande submits that the respondent 1 has given the contract to the respondent 2 without calling for the tenders. He submits that as per Section 5 of the Karnataka Transparency in Public Procurements Act, 1999 (Transparency Act for short), no instrumentality of the State can procure goods or services except by inviting tenders. He submits that if the petitioner were only to be given an opportunity to take part in the process of supplying and installing the solar heaters, it could have executed the work at a rate much lesser than the ones quoted and received by the respondent 2.

(2.) SRI N.S. Deshpande pointedly brings to my notice the legal notice, dated 2-2-2009 issued on behalf of the petitioner in the respondent 1. The respondent 2 did not give reply to the legal notice, much less complying with the demand contained therein. No information, much less the tender forms were issued by the respondent 1 to the petitioner despite the issuance of legal notice.

(3.) IN the course of his rejoinder, Sri N.S. Deshpande submits that the legal notice was issued on 2-2-2009 whereas the contract of supplying the units and installing them is given on 3-6-2009. Further this Court granted the interim order on 15-9-2009 and the last payment is made on 2-9-2009 by the respondent I to the respondent 2.