Case Note & Summary
The petitioner, Suraksha Security Services, filed a writ petition under Article 227 of the Constitution of India seeking cancellation of a tender notification dated 25.01.2014 issued by Respondent Nos. 3 and 4 (Deputy Commissioner and District Officer, Backward Class Welfare Department, Mysore) for providing human services such as cooks, kitchen servants, helping hands, watchmen, and teaching staff for residential schools and hostels. The petitioner and the 5th respondent (Sharp Watch Investigation and Security Services) submitted bids. The petitioner contended that the tender should have been split into separate categories for each type of service and that it was a works contract requiring separate treatment under the Karnataka Transparency in Public Procurements Act, 1999. The court examined the nature of the tender and held that it was for human services, not a works contract, and there was no requirement under the Act to split the tender. The court found no arbitrariness or mala fides in the tender process and dismissed the petition with no order as to costs.
Headnote
A) Tender Law - Human Services Contract - Not a Works Contract - Karnataka Transparency in Public Procurements Act, 1999 - The tender for providing human services such as cooks, kitchen servants, watchmen, and teaching staff for residential schools and hostels is not a works contract and does not require splitting into separate categories under the Act. The court held that the tender notification was valid and the petition was dismissed. (Paras 2-4) B) Constitutional Law - Article 227 - Judicial Review in Tender Matters - Scope - The High Court under Article 227 of the Constitution of India has limited scope of interference in tender matters unless there is arbitrariness or mala fides. The court found no such grounds and dismissed the petition. (Para 4)
Issue of Consideration
Whether the tender notification for providing human services (cooks, watchmen, teaching staff) is required to be split into separate categories under the Karnataka Transparency in Public Procurements Act, 1999 and whether the tender is liable to be cancelled on the ground that it is not a works contract.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Tender for human services is not a works contract
- Karnataka Transparency in Public Procurements Act
- 1999 does not require splitting of tender into categories
- Article 227 of Constitution of India
- scope of judicial review in tender matters
