Case Note & Summary
The petitioner, Roshan Kirana Merchant, a proprietorship concern represented by Md. Nizamuddin Mulla, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench. The petitioner challenged a tender notification dated 08.07.2015 bearing Ref. No. DSWOB/ACCT./CR-19/FOOD TENDER/2015-16 issued by the respondents for the supply of food materials for pre-metric and post-metric hostels and ashrama schools under the Social Welfare, Backward Classes, and Tribal Welfare Departments for Bidar Division. The petitioner sought a writ of certiorari to quash the tender notification. The respondents included the State of Karnataka, the Secretary of the Department of Social Welfare, the Secretary of the Backward Classes Welfare Department, the Deputy Commissioner (Revenue), Bidar, and the District Social Welfare Officer, Bidar. The petitioner was represented by Sri Avinash A. Uplaonkar, and the respondents by Sri P. Vilas Kumar, Government Advocate. The court heard the matter on a preliminary hearing in 'B' group. The petitioner's counsel argued that the impugned tender notification was contrary to Rule 17(1)(b) of the Karnataka Transparency in Public Procurements Rules, 2000. However, the court, after hearing both sides and perusing the record, found that the tender notification was issued by the Deputy Commissioner, not the Director, and therefore did not violate Rule 17(1)(b). Consequently, the court dismissed the writ petition with no order as to costs.
Headnote
A) Tender Law - Validity of Tender Notification - Rule 17(1)(b) of Karnataka Transparency in Public Procurements Rules, 2000 - The petitioner challenged a tender notification for supply of food materials to hostels, arguing it was contrary to Rule 17(1)(b) which requires the Director to issue the tender. The court held that the notification was issued by the Deputy Commissioner, not the Director, and therefore not violative of the rule. The petition was dismissed. (Paras 1-4)
Issue of Consideration
Whether the impugned tender notification dated 08.07.2015 is contrary to Rule 17(1)(b) of the Karnataka Transparency in Public Procurements Rules, 2000?
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Interpretation of Rule 17(1)(b) of Karnataka Transparency in Public Procurements Rules
- 2000
- Tender notification validity
- Authority to issue tender
