Writ petition challenging rejection of a bidder's technical bid for a postal canteen tender for lacking FSSAI licences covering seven required products. Court found rejection conformed to the tender terms and the awarded contract valid, dismissed the petition, and directed fair consideration of future bids.
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NC: 2024:KHC:50001 WP No. 8277 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 8277 OF 2024 (GM-TEN)
BETWEEN:
HARIN KUMAR HP S/O PUTTASWAMY GOWDA, AGED ABOUT 34 YEARS, PROPRIETOR OF M/S CAFELICIOUS, A PROPRIETORSHIP FIRM, HAVING ITS REGISTRED OFFICE AT NO 93/91 D BLOCK, 1ST MAIN, 1ST CROSS, BELAVATHA VILLAGE, MYSURU 570 003.
…PETITIONER
(BY SRI. DIVYATHEJ A B., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:50001 WP No. 8277 of 2024
(BY SRI. H SHANTHI BHUSHAN., ADVOCATE FOR R1 TO R8; SRI. K PRASANNA SHETTY, ADVOCATE FOR R9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TENDER NOTIFICATION DATED 22/12/2023 BEARING BID NO.GEM/2023/B/4168766 PASSED BY THE R5 DATED (PRODUCED AS ANNEXURE-A) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The respondent No.5 issued a tender notification dated 22.12.2023 inviting bids for providing canteen services for a period of one year. In response to the tender document, the petitioner, respondent No.9, and 23 other bidders submitted their bids. The technical bid of the petitioner was rejected by respondent No.6, citing non-compliance with Clause 3(vii) of the Additional Terms and Conditions. Consequently, the bids of the other participants were considered, and the financial bid of respondent No.9 was identified as the lowest (L1). Respondent No.9 was declared the successful bidder and has been awarded the contract to operate the canteen, which he has been running since 01.06.2024 in accordance with the contract terms.
objections. Therefore, the rejection of the technical bid on the same set of facts is impermissible.
NC: 2024:KHC:50001 WP No. 8277 of 2024
India Pvt. Ltd., Note Mudran Nagar, Mysuru, and not in the petitioner’s name.
9. Accordingly, I pass the following:
ORDER
i) The petition stands dismissed.
ii) It is needless to state that in the event, the petitioner submits his bid in ensuing tender, the respondents No.1 to 8 are obligated to consider the same strictly in
NC: 2024:KHC:50001 WP No. 8277 of 2024
accordance with the terms and conditions of the tender document without being influenced by any of the observations made in this order or rejection of his bid under the impugned tender document.
Sd/(HEMANT CHANDANGOUDAR)
JUDGE
BKM
2 issues framed by the court
Was rejection of the petitioner's technical bid for non-compliance with Clause 3(vii) requiring FSSAI licences for seven products justified?
Should the contract awarded to respondent No.9 be disturbed?
1 provisions across 1 enactments
Harin Kumar HP (Proprietor of M/s Cafelicious)
Union of India, Department of Posts
Chief Postmaster General, Karnataka Circle
Post Master General, Karnataka Circle
Director, Postal Training Centre, Nazarbad Mysuru
Assistant Director (Admin), Postal Training Centre, Nazarbad Mysuru
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
