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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Rachappa S. Mannagi S/o Shivarurdrappa – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of discriminatory tender condition. (Para 1 , 2) |
| 2. arguments regarding discrimination in tender conditions. (Para 5 , 6) |
| 3. court identifies arbitrariness in ownership-based criteria. (Para 11 , 12) |
| 4. judgment quashes discriminatory clause in tender. (Para 13) |
ORDER :
1. The petitioner is before this Court seeking the following prayers:
(A) That the petitioner has preferred this writ petition seeking an order or direction in the nature of Certiorari or any other appropriate writ, order, or direction, and is pleased to pray for quashing the corrigendum tender notification bearing No. KFCSC/PROC/MSP/H&T/01/2025-26/1261 dated 10/10/2025, specifically clause 4(C), issued by the 2nd respondent, which is produced as Annexure-B to this writ petition in so far petitioner.
(B) The petitioner has further preferred this writ petition seeking an order or direction in the nature of Mandamus or any other appropriate writ, order, or direction, directing the respondents to modify the corrigendum tender notification bearing No.KFCSC/PROC/MSP/H & T/01/2025-26/1261 No. dated 10/10/2025, specifically Clause 4(C), issued by the 2nd respondent, which is produced a
Tender conditions cannot differentiate based on ownership without rational basis, violating constitutional principles of equality and fairness. (Articles 14 and 19(1)(g))
(1) Government Contract – Tender – Doctrine of level playing field requires that gates of competition be opened to all who are equally placed.(2) Government Contract – Tender – Eligibility criteria m....
Tender conditions permitting out-of-state participation enhance competition and do not violate constitutional provisions regarding fairness and freedom of trade.
The imposition of arbitrary turnover requirements in tender processes, lacking rational justification, violates Articles 14 and 19(1)(g) of the Constitution, ensuring fair opportunity and competition....
Tender conditions must ensure fairness and quality in public procurement, and courts should exercise restraint in reviewing administrative decisions unless clear arbitrariness is shown.
Eligibility for contracting: To foster competition, firms and individuals to offer goods, work, and services required for the program, any conditions for participation shall be limited to those that ....
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
The court upheld the tender process by ONGC, affirming that the draw of lots method is reasonable and aimed at addressing local unemployment, thus not violating constitutional rights.
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