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2025 Supreme(Online)(Kar) 40125
HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17456 OF 2025 (GM-TEN)
C/W WRIT PETITION NO. 12067 OF 2025 (GM-TEN)
IN W.P. No. 17456/2025 BETWEEN:
11. SPOORTHY INTEGRATED - SOLUTIONS (I) PRIVATE LTD.
A PVT. LTD. COMPANY REGISTERED UNDER THE COMPANIES ACT 2013, REPRESENTED BY ITS C.E.O.
SRI T.N. GANGADHAR, # 880, 1ST FLOOR, 60 FEET MAIN ROAD 'D' GROUP LAYOUT, SRIGANDHADAKAVAL BENGALURU - 560 091 EMAIL: gm@spoorthygroup.in PHONE NO: 8296363332 Digitally signed by VIDYA G R … PETITIONER Location: HIGH COURT OF (BY SRI SANDESH J. CHOUTA, SENIOR COUNSEL FOR KARNATAKA SRI HARSHAVARDHAN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION, MS BUILDING, DR. AMBEDKAR BEEDI BENGALURU - 560 001.
HC-KAR
22. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (B.M.C.R.I.)
FORT, K.R. ROAD BANGALORE - 560 002 REPRESENTED BY ITS DIRECTOR CUM DEAN
33. THE DIRECTOR CUM DEAN BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (B.M.C.R.I.)
FORT, K.R. ROAD BANGALORE - 560 002.
44. M/S. SHARPWATCH INVESTIGATION SECURITY SERVICES PVT. LTD.
(COMPANY REGISTERED UNDER THE COMPANIES ACT)
NO.17, 1ST FLOOR, 5TH MAIN, 8TH CROSS, KAMAKSHI HOSPITAL ROAD SARASWATHIPURAM MYSORE - 570 009 … IMPLEADING APPLICANT … RESPONDENTS (BY SRI REUBEN JACOB, AAG FOR R1;
SRI BASAVARAJ PATIL, ADVOCATE FOR R2 & R3;
SMT. RAKSHITHA D.J., FOR IMPLEADING APPLICANT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER/OFFICIAL MEMORANDUM DATED 06.06.2025 ISSUED BY THE RESPONDENT NO.1 TO RESPONDENT NO.3 WHICH IS AT ANNEXURE J AND ETC.
HC-KAR IN W.P. NO. 12067/2025 BETWEEN:
1. SPOORTHY INTEGRATED - SOLUTIONS (I) PRIVATE LTD.
A PVT. LTD. COMPANY REGISTERED UNDER THE COMPANIES ACT 2013, REPRESENTED BY ITS C.E.O.
SRI T.N. GANGADHAR, # 880, 1ST FLOOR, 60 FEET MAIN ROAD 'D' GROUP LAYOUT, SRIGANDHADAKAVAL BENGALURU - 560 091 EMAIL: gm@spoorthygroup.in ... PETITIONER (BY SRI SANDESH J. CHOUTA, SENIOR COUNSEL FOR SRI HARSHAVARDHAN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION, MS BUILDING, DR. AMBEDKAR BEEDI BENGALURU - 560 001.
2. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (B.M.C.R.I.)
FORT, K.R. ROAD, BANGALORE - 560 002 REPRESENTED BY ITS DIRECTOR CUM DEAN
3. THE DIRECTOR CUM DEAN BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (B.M.C.R.I.)
FORT, K.R. ROAD, BANGALORE - 560 002.
HC-KAR
4. M/S. SHARPWATCH INVESTIGATION SECURITY SERVICES PVT. LTD.
(COMPANY REGISTERED UNDER THE COMPANIES ACT)
NO.17, 1ST FLOOR, 5TH MAIN, 8TH CROSS, KAMAKSHI HOSPITAL ROAD SARASWATHIPURAM MYSORE - 570 009. … IMPLEADING APPLICANT ... RESPONDENTS (BY SRI REUBEN JACOB, AAG FOR R1;
SRI BASAVARAJ PATIL, ADVOCATE FOR R2 & R3;
SMT. RAKSHITHA D.J., FOR IMPLEADING APPLICANT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT NO.3 TO COMPLETE THE TENDER EVALUATION PROCESS OF THE TENDER CALLED OUT BY THE RESPONDENT NO.3 FOR PROVIDING HOUSEKEEPING AND FACILITY MANAGEMENT SERVICES VIDE TENDER NO.BMC/TENDER/HK/ 01/2023-24 DATED 22-11-2024 WHICH IS AT ANNEXURE-C WITHIN THE BID VALIDITY PERIOD I.E., BEFORE 23RD APRIL 2025, WITHOUT MAKING ANY FURTHER DELAY AND ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED ON 19.09.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV HC-KAR
CAV ORDER
The petitioner entity - M/s. Spoorthy Integrated Solutions (I) Private Limited [hereinafter referred to as 'M/s. Spoorthy'], has filed the writ petition in W.P.No.12067/2025 on 15.04.2025, seeking for issuance of writ of mandamus to direct the Respondent No.3 - Director cum Dean of Bangalore Medical College and Research Institute [hereinafter referred to as ‘BMCRI’] to complete the tender evaluation process as regards the tender issued for providing Housekeeping and Facility Management Services vide Tender bearing No.BMC/TENDER/HK/01/2023-24 dated 22.11.2024 at Annexure-'C' within the bid validity period, i.e. before 23.04.2025 without further delay.
2. W.P.No.17456/2025 has been filed on 16.06.2025 by the same entity, i.e., M/s. Spoorthy seeking to set aside the Order/Office Memorandum dated 06.06.2025 at Annexure-‘J’, whereby the Principal Secretary, Department of Medical Education has addressed a communication to the Director cum Dean of BMCRI wherein, it is opined that as there was a possibility of dispute if tender is allotted to any of the bidders and as it was legally permissible to re-tender in terms of the Karnataka Transparency in Public Procurements Act, 1999 [hereinafter referred to as 'KTPP Act'] and accordingly, further action could be taken.
3. Taking note that both the Writ Petitions being filed by the same entity and relate to the same tender process, it would be appropriate to dispose of both the Writ Petitions by a common order in order to avoid passing of conflicting orders.
4. The brief facts are that the Director cum Dean of BMCRI has been inviting tenders for House Keeping and Facility Management Services to the BMCRI. The tender relates to outsourcing of Housekeeping Services. As the process of evaluation had proceeded to an advanced stage while no decision was taken on the apprehension that on many previous occasions the tender was recalled permitting the earlier Service Provider to continue, who had been continuing for 15 years, the petitioner M/s. Spoorthy has approached this Court seeking for an appropriate decision on the award of tender expeditiously.
5. During the pendency of W.P.No.12067/2025, the Principal Secretary, Department of Medical Education has expressed an opinion to recall the tender with instructions to the Dean cum Director, BMCRI and challenging such action W.P.No.17456/2025 came to be filed.
6. It is the specific case of the petitioner M/s. Spoorthy that though the contract period under the earlier tender had concluded in the year 2022, the contract was being extended illegally to help the earlier Service Provider i.e., M/s. Sharpwatch Investigation Security Services Pvt. Ltd., and M/s. Detectwell Security Services. M/s.
Sharpwatch Investigation Security Services Pvt. Ltd., has also filed an application seeking impleadment.
7. It is made out that during the tender process, a Corrigendum dated 03.01.2025 was issued modifying the format for the financial bid provided in the tender document. The bids were processed and technical bid was opened on 27.01.2025 and the financial bid was also subsequently opened. It is the further case of the petitioner that the Director cum Dean of BMCRI upon a specific query by the Court in its order dated 24.04.2025 in W.P.No.12067/2025 as regards the status of the tender process, had taken the stand that the Authorities are considering the communication of the Government issued to the Director cum Dean of BMCRI regarding recalling the tender. This action, the petitioner has claimed to be being arbitrary, mala fide and has been resorted to, with an intention of helping the earlier Service Provider, as any delay in the tender process would result in continuation of services of the earlier tenderer.
8. It is also specific case of the petitioner that the records would indicate that in terms of the tender document, the tender accepting authority having voiced the opinion that the petitioner was the most eligible bidder in terms of the tender evaluation, r
