AIR 2014 (NOC) 113 (KAR.) ::2013 (4) AKR 664

Karnataka High Court

Hon'ble Judge(s): N. Kumar, B. V. Nagarathna , JJ

(A) Karnataka Transparency in Public Procurements Act (29 of 2000) S. 2 (d) — ' Procurement entity' ‌ — Local authority namely ' Bangalore Mahanagara Palike— constituted under Karnataka Municipal Corporation Act, 1976 — Is a Municipal Corporation — It is not procurement entity under Govt — Govt orders providing Standard Tender Document — Not applicable — Tender issued by Government cannot be challenged on ground that it is not in conformity with aforesaid Standard Tender Form — In such case, merely on the ground that Government has not adopted Standard Tender Form which they were adopting earlier — Is also not sufficient ground to set aside entire Tender process (Para 52,53)

(B) Karnataka Transparency in Public Procurements Act (29 of 2000) S. 23 — Karnataka Transparency in Public Procurements Rules (2000), R 17 — Collection and Transportation of waste — Short term tender issued to clear large quantity of accumulated garbage in city — Period as prescribed under Rules reduced to 7 days which is approved by Government under Rule 17(2) — Held that, short term Tender granting 7 days— time is in accordance with law (Para 57)

(C) Karnataka Transparency in Public Procurements Act (29 of 2000) S. 18 A — Tender for clearance of accumulated garbage — Concession of, belonging to SC/ST — No provision for, in Act — Concession given to individuals belonging to SC/ST, however, given on basis to Govt Orders which did not give such concession to individuals but only to societies belonging to SC/ST — Clause in Tender extending such concession was without authority of law and violative of Art 14 being discriminatory and was liable to be struck down — However it was directed by High Court that those SC/ST individuals who have secured contract, in event of their making good the shortfall namely 90% within two months, their contracts shall not be cancelled Constitution of India, Arts 14, 15, 16 (Para 63,95)

(D) Karnataka Transparency in Public Procurements Act (29 of 2000) S. 23 — Karnataka Transparency in Public Procurements Rules (2000), R 14 — Tender notification — Subsequent issuance of addendum altering terms and conditions of Tender — Not invalid — Authority have such power under R 14 (Para 66)

(E) Karnataka Transparency in Public Procurements Act (29 of 2000) S. 23 — Karnataka Transparency in Public Procurements Rules (2000), R 14 — Tender notification — Deadline for submission of bids — Clause of Tender notification conferring power on authority to extend deadline for submission — Authority not exercising that power — Petitioners were existing contractors who were aware of Tender process — High Court in earlier writ petition passed order to expedite Tender process — Non-extension of time for submission which was completely in discretion of authorities — Cannot be challenged on ground that it has prejudiced interests of petitioners (Para 67)

(F) Constitution of India Art. 226, 14, — Tender — Petitioners who were existing contractors for several years forming cartel and dictating their terms to Municipal Corporation which issued Tender for collecting garbage — Challenge by petitioners to addendum by which some of Tender conditions were relaxed which was threat to their monopoly — Such relaxation of condition as to experience, finance etc would encourage healthy competition — Decision taken was in public interest — Benefits of relaxation would enure to every one including petitioners — Petitioners did not, however, submit their bids at all — They cannot challenge Tender process complaining discrimination or arbitrariness (Para 70,77)