- 1 - HC-KAR NC: 2025:KHC-D:12868 WP No. 101556 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101556 OF 2025 (GM-TEN) BETWEEN: INDUS SECURE SERVICE PRIVATE LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT REPRESENTED BY ITS DIRECTOR SRI NAVEEN H.C. S/O H.S.CHANDRASHEKAR AGED ABOUT 43 YEARS, OCC. BUSINESS R/O NO. 202, RANI CHANNAMMA NAGAR, DHARWAD, TQ. AND DIST. DHARWAD – 01. … PETITIONER (BY SRI. G I GACHCHINAMATH, ADVOCATE) AND: 1. DISRICT HEALTH AND FAMILY WELFARE SOCIETY® NATIONAL HEALTH MISSION DEVAGIRI, HAVERI, DIST. HAVERI REPRESENTED BY ITS PRESIDENT/ CHAIRMAN – 581 110 2. THE DISRICT HEALTH AND FAMILY WELFARE SOCIETY® NATIONAL HEALTH MISSION DEVAGIRI, HAVERI, DIST. HAVERI – 581 110 REPRESENTED BY ITS VICE PRESIDENT/DHO … RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 AND R2) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12868 WP No. 101556 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED TENDER NOTIFICATION DATED. 20-09-2024 BEARING NO. DPMU/HVR/RCH/MANPOWER TENDER FILE/01/2024-25 PRODUCED AS ANNEXURE-A ISSUED BY THE RESPONDENTS AND ALSO QUASH THE ENDROSEMENT/CIRCULAR DATED. 20-02-2025 BEARING SL.NO. /DPMU/HVR/NHM/RCH/42/2024-25 PRODUCED AT ANNEXURE-D ISSUED BY THE RESPONDENTS BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking for the following reliefs: a. Quash the impugned tender notification dated. 20- 09-2024 bearing No. DPMU/HVR/RCH/MANPOWER TENDER FILE/01/2024-25 produced as Annexure-A issued by the Respondents and also quash the endrosement/circular dated. 20-02-2025 bearing Sl.No. /DPMU/HVR/NHM/RCH/42/2024-25 produced at Annexure-D issued by the Respondents by issue of writ of certiorari or any other suitable writ or order or directions. b. Grant such other reliefs as this Hon’ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed in the interest of justice and equity. 2. The respondents had invited tender for supply of Manpower Services for the year 2024-25 under a two- - 3 - HC-KAR NC: 2025:KHC-D:12868 WP No. 101556 of 2025 cover bid system consisting of technical and financial bid. There being 7 bidders out of which 5 of the bidders had quoted the same amount and hence it was decided to select the bidder through lottery system, the lottery having been held on 01.03.2025. 3. The petitioner is before this Court contending that there is a violation of the applicable provisions in as much as in terms of Rule 22 of the Karnataka Transparency in Public Procurement Rules, 2000 the evaluation of tenders and award of contract is to be completed as far as possible within the validity period of the tender and if the tender is required to be extended, consent from all the tenders is required to be obtained. 4. In the present matter, the tender having been issued on 10.10.2020, the validity of the tenders for a period of 90 days and as such, the tender verification and evaluation verification process, including allotment, ought to have been completed by 13.01.2025. The - 4 - HC-KAR NC: 2025:KHC-D:12868 WP No. 101556 of 2025 lottery having been held on 01.03.2025 is beyond the period of validity of 90 days. 5. It is in that background, learned AGA was called upon to verify and make a submission as to whether the tendering authority has obtained consent of all the tenders to extend the period of tender. Today, learning AGA submits on instructions that no such consent has been obtained from the tenders. 6. Rule 22 of the Rules of 2000 which reads as under; 22. Time taken for evaluation and extension of tender validity. (1)The evaluation of tenders and award of contract shall be completed, as for as possible, within the period for which the tenders are held valid. (2)The Tender Accepting Authority shall seek extension of the validity of tenders from the tenderers for the completion of evaluation, if it is not completed within the validity period of tender. (3)In case the evaluation of tenders and award of contract is not completed within extended period, all the tenders shall be deemed to have become invalid and fresh tenders may be called for. 7. A perusal of Sub-rule 2 of Rule 22 would categorically indicate that the evaluation of tenders and award of contract shall be completed as far as possible within - 5 - HC-KAR NC: 2025:KHC-D:12868 WP No. 101556 of 2025 the period for which the tenders are held valid, i.e., in the present case, 90 days. 8. In terms Sub-rule 2 of Rule 22 the tender accepting authority shall seek consent for extension of the validity of tenders from all tenders for the completion of evaluation if not completed within the validity period of tender. 9. Admittedly, the valuation has not been completed within the validity period of tender, subsequently a lottery has been held on 01.03.2025 towards which the petitioner is not consulted. Such being the case, the consent of all the tenders has not been obtained by the Tender Accepting Authority for extension of the period of tender thereby violating Sub-rule 2 of Rule 22 of the rules of 2000. In that background, I pass the following; ORDER i. The writ petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:12868 WP No. 101556 of 2025 ii. The tender notification dated 20.09.2024 and all further proceedings taken in pursuance thereto including the lottery held on 01.03.2025 are quashed. iii. Liberty is, however, reserved to the Tendering Authority to issue a fresh tender. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 266