A high court disposed of a writ petition challenging a tender notification for teacher-supply services. The court found force in the petitioner's argument that disrupting mid-academic year would disrupt students.
Petitioner to continue teachers till March 2024; new contracts awarded after that date stand valid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 11654 OF 2023 (GM-TEN)
BETWEEN:
M/S CRYSTAL INFOSYSTEMS AND SERVICES, REGD OFFICE AT NO.538/A, DR. RAJKUMAR ROAD, ’A’ BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU- 560010, REPTD. BY ITS AUTHORISED OFFICER/ GENERAL MANAGER, DINESH H.V. S/O VEERANNA H, AGED ABOUT 48 YEARS, UNDER PROPRIETORSHIP CONCERN.
…PETITIONER
(BY SRI.D.R.RAVISHANKAR, SR. COUNSEL A/W SRI. NATARAJ G., ADVOCATE)
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENTS
(BY SRI. SANJEEV B L.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TENDER NOTIFICATION DTD 19.05.2023 VIDE ANNEXURE-W BEING ISSUED BY THE RESPONDENT NO.3 VIDE NO. EE/SN/TEND/02/2023-24 AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Sr. Advocate appearing for the Petitioner submits that, his client having already provided the requisite number of qualified teachers, they should be permitted to continue till the present Academic Year 202324 comes to end and that the teachers to be provided by the Awardee of the tender may assume charge, thereafter. Learned Sr. Panel Counsel appearing for the Respondent – BBMP vehemently opposes the same contending that already the successful bidders have been awarded the contract. He also draws attention of the Court to the letter issued by the Petitioner that his service would come to an
end once new tenders are accepted. He also draws attention of the Court that the Petitioner chose not to be in the tender fray and therefore, his contract cannot be continued.
Now, the Academic Year 2023-24 is half way through and therefore, a new set of teachers cannot be thrust on the community of taught, abruptly. That would be doing violence to the tender minds. Added, the new teachers would take their own time to establish connect with the students and therefore, it is desirable to continue the existing set of teachers in the Schools in question till the end of Academic Year i.e., March, 2024. Thereafter, the contracts awarded pursuant to new tenders would take effect, with no right of challenge thereto availing to the Petitioner herein.
With the above observations and directions, this Writ Petition is disposed off, costs having been made easy.
Sd/JUDGE
CBC List No.: 1 Sl No.: 13
2 issues framed by the court
Whether the tender notification for supplying teachers must be quashed to allow continuation of existing providers till the end of the academic year.
Whether admitting the petitioner that their services would end upon new tender acceptance justifies continuation of existing teachers.
2 provisions across 2 enactments
M/S CRYSTAL INFOSYSTEMS AND SERVICES
BRUHAT BANGALORE MAHANAGARA PALIKE
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
