The participation in a tender process waives the right to subsequently challenge its conditions unless proven arbitrary or illegal.

ORDER :

M. Nagaprasanna, J.

Koppala Zilla Sarvajaneka Vasathi Nilayagalali Karyanirvaisutiruva Karmekara Sahakara Sangha (hereinafter referred to as ‘the Sangha’ for short) is the common petitioner in both these petitions. The challenges in both these petitions are slightly varied. Since parties to the lis are common, these petitions are taken up together and considered by this common order.

2. Facts, in brief, germane in Writ Petition No.107536 of 2024 are as follows:

The petitioner/Sangha is said to have come into existence on 16-08-2012 comprised of Group-C and Group-D employees working as Cooks, Assistants, Cleaners, Watchmen, Teaching and non- Teaching staff and members of the SC & ST community under the Department of Minority Welfare and Chief Executive Officer, Zilla Panchayath of the State of Karnataka. The issue in the lis does not pertain to the dispute or activities of the Sangha. It is the averment in the petition that members of the Sangha have been entrusted work for a long time albeit without calling for any tender. On 31-07-2024, the 2^nd respondent notifies two tenders for supply of manpower to work in various posts in the 2^nd respondent, Department of Social Welfare. The tender is called for various posts ranging from data entry operator to sweeper. The total number of posts called for in both the tenders were 635. It is the claim of the petitioner/Sangha that its members are fully trained and rendering services out of the income from the Sangha. The Sangha participates in the tenders by submitting its bids. On 09-09-2024 the technical bids were finalized and on 05-11-2024 financial bids were opened. The petitioner/Sangha submits representations to the Tender Inviting Authority alleging irregularities in the tender procedure. Irregularities projected were that while notifying 635 posts in the tender, the contract awarded to the successful tenderer was for 689 posts i.e., 54 posts over and above the posts notified. Non-consideration of the representation with regard to irregularities in the tender leads the petitioner to this Court in the subject petition seeking quashment of contract awarded in favour of the 5^th respondent and seeking a consequential direction to cancel the tender allotted to the 5^th respondent and allot the same to the petitioner/Sangha.

3. Facts, in brief, germane in Writ Petition No.107604 of 2024 are as follows:

As observed hereinabove, the petitioner is common in both the petitions. The tenders notified are different. The notice inviting tender in this petition is issued on 22-07-2024 for securing manpower in various posts in the 2^nd respondent. The petitioner/Sangha finding itself eligible to participate in the tender submits its bid. On 14-08-2024 technical bids were opened and five bidders including the petitioner were held to be technically qualified. On 21-10-2024, it appears that financial bids of the technically qualified tenderers were opened and the 5^th respondent was awarded the contract and work order issued in favour of the 5^th respondent was said to be beyond 90 days and therefore, it was illegal. This allegation, inter alia forms the fulcrum of the challenge in the subject petition. The commonality that travels through these petitions is that tenders are notified for securing manpower. In Writ Petition No.107536 of 2024 tender is awarded to the 5^th respondent therein. The challenge is to certain terms and conditions in the tender.

4. He