KANTHI AGENCY NETWORKS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of certiorari for quashment of the impugned tender notification dated 16.01.2019 issued by respondent No.2. The petitioner has also assailed the validity of the conditions contained in Clauses No. 4, 5, 9, 18, 19, 20, 21 and 22 of the impugned tender conditions as being violative of Articles 14 and 16 of the Constitution of India. The petitioner also seeks a writ of mandamus directing respondent No.3 to issue fresh tender notification in accordance with the Karnataka Transparency in Public Procurements Act, 1999 and the Rules framed thereunder.

(2.) Facts giving rise to filing of the writ petition briefly stated are that the petitioner is a partnership firm involved in manpower recruitment, supply of personnel, Data Entry Operators, Security services, house keeping and allied services. The respondent No.2 is an autonomous medical college established under the Societies Registration Act which is funded and controlled by the State Government. The petitioner has been awarded tender for providing security services by respondent No.2 since 2015. The respondent No.2 even before completion of period of contract awarded to the petitioner, issued tender notification on 07.08.2018 which was subsequently withdrawn and thereafter a fresh tender notification was issued on 16.01.2019 for availing the services of security guards to respondent No.2 on outsourcing basis for the year 2019-2020.

(3.) In response to the aforesaid tender notification, five tenderers submitted their bid including the petitioner. On 29.01.2019, a pre bid meeting of intending tenderers was held and on 14.02.2019, was the last date of uploading / submission of bids. The technical bids were to be opened on 15.02.2019, whereas financial bids were to be issued on 23.02.2019. The petitioner approached this court by filing a writ petition on 05.02.2019, seeking the reliefs as stated supra.