- 1 - HC-KAR NC: 2025:KHC:41927 WP No. 31625 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31625 OF 2025 (GM-TEN) BETWEEN: M/S THARU AND SONS 2ND FLOOR, KALAMASSERY NEAR METRO PILLAR NO.250 KALAMASSERY PO EMAKULAM DISTRICT KERALA -683104 REPRESENTED BY ITS MANAGING PARTNER SHRI ANTONY THARU …PETITIONER (BY SRI. BAPAT SAMPATH VINAYAKA RAO.,ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY GENERAL MANAGAER SOUTH WETSREN RAILWAY RAIL SADAN, GADAG ROAD HUBBALLI 20 2. SENIOR DVISIONAL MECHANNICAL ENGINEER SOUTH WESTER RAILWAY 18 MILLERS ROAD BENGALURU 46 3. M/S LEOTECH PROCESS NO.10-26 RAMALAYAM STREET ENIKEPADU, VIJAYAWADA 520008 …RESPONDENTS (BY SRI. A. CHANDRA CHUD., ADVOCATE FOR R1 & R2; V/O/D 17.10.2025 NOTICE TO R3 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41927 WP No. 31625 of 2025 ISSUE ANY APPROPRIATE WRIT, ORDER OR DIRECTION MORE PARTICULARLY A WRIT IN THE NATURE OF MANDAMUS DECLARING THAT THE EXPERIENCE CERTIFICATE FURNISHED BY THE 3RD RESPONDENT DOES NOT MEET THE TECHNICAL ELIGIBILITY CRITERIA PRESCRIBED UNDER CLAUSE 2.6.1.1 OF THE TENDER DOCUMENT AND CONSEQUENTLY 3RD RESPONDENT IS INELIGIBLE TO PARTICIPATE THE TENDER BEARING NO. IN NO.GEM/2005/B/6566649 DATED 13.8.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.A.Chandra Chud, learned counsel is directed to accept notice for respondents No.1 and 2. 2. Notice to respondent No.3 is dispensed with in view of the proposed order to be passed. 3. The petitioner is before this Court seeking for the following reliefs: a. Issue any appropriate writ, order or direction more particularly a writ in the nature of mandamus declaring that the experience certificate furnished by the 3rd respondent does not meet the technical eligibility criteria prescribed under Clause 2.6.1.1. of the tender document and consequently 3rd respondent is eligible to participate in the tender bearing No. GEM/2005/B?6566649 dated 13.8.2025; and b. Issue any appropriate writ, order or direction more particularly a writ in the nature of mandamus directing the second respondent to evaluate the bids by ignoring the bid submitted by the 3rd - 3 - HC-KAR NC: 2025:KHC:41927 WP No. 31625 of 2025 respondent in finalizing the tender bearing No. GEM/2005/B/6566649 dated 13.8.2025; and c. Pass such and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 4. What is essentially sought for by the petitioner is for a mandamus declaring the experience certificate issued by respondent No.3 to be contrary to the technical eligibility criteria prescribed. Same cannot, at this stage, be considered, more so, when the tender is yet to be finalized. It is expected of respondents No. 1 and 2 that they will comply with the applicable tender conditions and act in accordance with law. 5. Needless to say, if the actions on behalf of respondents No.1 and 2 are not in accordance with law and the petitioner not being awarded tender, the petitioner can always approach this Court. 6. Reserving such liberty, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE LN, List No.: 2 Sl No.: 4