ORDER :

1. These two writ petitions are filed seeking following reliefs :

W.P.No.37932 of 2022

This writ petition is filed seeking Writ of Mandamus declaring the action of the 1st Respondent in disqualifying the Petitioner from the tendering process in pursuance and furtherance of NIT No.1/DE/SATS/2022-23 dated 14.07.2022 as arbitrary, illegal, contrary to the tender conditions and violates Article 14 of Constitution of India. Consequently the Hon’ble Court will be pleased to direct the 1st Respondent to open the financial bid submitted by the Petitioner and award the contract if the Petitioner is eligible.

W.P.No.4930 of 2023

This writ petition is filed seeking Writ of Mandamus declaring the action of the 1st Respondent rejecting the representation of the Petitioner dated 26.09.2022 on 04.11.2022 the representation dated 07.11.2022 on 24.12.2022 without considering the accompanying documents in proper perspective, which otherwise meet the tender requirements as arbitrary, illegal, contrary to the tender conditions, not in public interest and violates Article 14 of Constitution of India. Consequently, the Hon’ble Court will be pleased to direct the 1st Respondent to open and consider the financial bid of the Petitioner, if it is in order.

2. Heard, Sri Prasad Rao Vemulapalli, learned counsel for the petitioner, learned Assistant Government Pleader representing learned Advocate General Office, appearing on behalf of respondent Nos.1 and 2, Sri J. Ashvini Kumar, learned counsel appearing for respondent No.3, Sri L. Ravichander, learned Senior Counsel appearing on behalf of Sri T. Chaitanya Kumar, learned counsel for respondent No.4.

3. Brief Facts of the case are:

The petitioner submits that the petitioner firm is a proprietary concern and conducting a business of manufacturing and supply of sports goods, sports kits, hosiery connected therewith for the last more than 20 years. The petitioner firm was registered with Department of Industries and Commerce, Government of Karnataka bearing No.AC-1629 dated 16.10.2000. Respondent No.2 called for tenders on behalf of respondent No.1 on 14.07.2022 through NIT No.1/DE/SATS/2022-23 and the same was published in Eenadu, Hindu and Siasat newspapers on 15.07.2022 for procurement of Sports kits vide tender ID No.337445 which is extracted here under:

4. Respondents Nos.1 & 2 conducted bid meeting on 22.07.2022. With the consent of prospective bidders, the tender finalization committee has taken a decision to extend the time upto 05.08.2022 for submission of tenders.

5. The general eligibility criterion of prospective bidders is provided in Section-V of tender document, which are extracted hereunder:

1. The bidder should be in business of manufacture or supply as the case may be for a minimum period of three(3) years in India as on bid calling date.