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SHANKAR GANAPATHI PANDIT
Vijayashree Transformers – Appellant
Versus
Bangalore Electricity Supply Company Limited – Respondent
JUDGMENT
Shankar Ganapathi Pandit, J. - The petitioners are before this Court under Article 226 of the Constitution of India, questioning the correctness and legality of Tender Notifications at Annexures-B to L all dated 28.03.2022.
2. Heard learned Senior Counsel Sri. Udaya Holla for Smt. M.L. Suvarna, learned counsel for the petitioner and Sri. S. Sriranga, learned Senior Counsel along with Smt. Sumana Naganand, learned counsel for respondent/BESCOM as well as Sri. J.D. Kashinath, learned counsel for impleading applicants in I.A. No. 3/2022.
3. Brief facts of the case leading to the filing of this writ petition are:
Petitioners are rate contractors for the works related to transformers. The respondent-BESCOM under Annexures-B to L dated 28.03.2022 invited tenders for Repairs and Reconditioning of 11 KV class single coil/multi coil Conventional (Aluminium Wound) and 3, 4, 5 Star Rated failed Distribution Transformers of various Capacities from 25 to 500 KVA of CSP to Conventional bolt and nut type on lumpsum percentage (%) Rate Contract basis (Material, Labour and Salvage) at Transformer repair center in RR Nagara, RR Nagara Division of BESCOM Jurisdiction. The short term tender was r
The main legal point established in the judgment is that the work of repairing transformers does not fall within the definition of 'Construction Works' under the 1999 Act, and therefore, reservation ....
The main legal point established in the judgment is the requirement to specify the tender value in the notification inviting tender, as mandated by Rule 9 of the Karnataka Transparency in Public Proc....
Point of Law : Only a participant can question the tender, the challenge raised by petitioners who are not the participants in the subject tender, would thus tumble down. [Para 6]
Tender notices must clearly define eligibility criteria to ensure fairness and prevent discrimination among bidders, particularly when involving contractors from different states.
The main legal point established in the judgment is the requirement for transparency and adherence to tender regulations, including the need for valid qualifications in the technical bid, as per the ....
The court emphasized the need for fairness and transparency in the tender process and held that the principles of judicial review apply to prevent arbitrariness or favoritism in the exercise of contr....
Reservation provisions for SC/ST in contracts are constitutionally valid and do not violate fundamental rights, reflecting affirmative action aimed at socio-economic upliftment under Article 46.
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
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