- 1 - HC-KAR NC: 2025:KHC:37763 WP No. 12973 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 12973 OF 2025 (GM-TEN) BETWEEN: SRI. KRISHNA DEVADIGA S/O NAGA DEVADIGA AGED ABOUT 53 YEARS CONTRACTOR, R/AT NO.9/264, SOMAYYANNA MANE, BEHIND JUNIOR COLLEGE EDTHARE, BYNDOOR, UDUPI DIST-576214 …PETITIONER (BY SRI. PRASANNA D.P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPLE SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT VIKASA SOUDHA AMBEDKAR VEEDI BENGALURU-560001 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37763 WP No. 12973 of 2025 2. THE CHAIRMEN TECHNICAL VERIFICATION COMMITTEE AND CHIEF ENGINEER PANCHAYATRAJ ENGINEERING DEPARTMENT, 2ND FLOOR, GRAMEENAABHIRIDDHI BHAVEN, ANAND RAO CIRCLE- BENGALURU-560009 3. THE EXECUTIVE ENGINEER PANCHAYATRAJ ENGINEERING DIVISION, UDUPI DIVISION, UDUPI-576214 4. THE ASST EXECUTIVE ENGINEER, PWD DEPARTMENT, 2ND SUB DIVISION, KUNDAPURA, UDUPI DIST 576214 …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R2; SRI. ASHOK N NAYAK, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION IN NO. 04/2024-25JE-1/3148 DTD. 29.01.2025 ISSUED BY THE R-3 AS PE ANNX-A.ALTERNATIVELY ISSUE A WRIT OF MANDAMUS THEREBY DIRECT THE R-2 AND 3 TO CONSIDERED THE BID OF PETITIONER FOR THE TENDER NOTIFICATION AS PER ANNX-A. - 3 - HC-KAR NC: 2025:KHC:37763 WP No. 12973 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has participated in the tender floated by the third respondent for construction of classrooms at Government Pre-University College, Byndoor Taluk, Udupi District, Udupi, and the petitioner's technical bid is treated as 'non-responsive' because of the Banker's Certificate that is uploaded by the petitioner as part of the tender submission. 2. The second respondent has stipulated that the Banker's Certificate must be in a particular form and the petitioner has uploaded a certificate which in its material term is as prescribed but with an additional stipulation. The Banker's Certificate as prescribed and as produced are as follows. - 4 - HC-KAR NC: 2025:KHC:37763 WP No. 12973 of 2025 The Banker's Certificate as prescribed; BANKER'S CERTIFICATE This is to certify that M/s. ……….. is a reputed company with a good financial standing. If the contract for this work, namely …… (name of the work) is awarded to the above firm, we shall be able to prove overdraft/credit facilities to the extent of Rs…… to meet the working capital requirements for executing the above contract. Sd/- Name of the Bank, Senior Bank Manager Address:………………… The Banker's Certificate as produced; REF:BR/BC/BYN/2024-25 Date:31.01.2025 To, The Executive Engineer PRED Udupi BANKER'S CERTIFICATE This is to certify that to the best of our knowledge and information, B.Krishna Devadiga is a reputed customer of our branch with good financial standing. If the contract for the work namely CONSTRUCTION OF 6 CLASSROOM BUILDING AT GOVERNMENT PRE UNIVERSITY COLLEGE BYNDOOR IN BYNDOOR TALUK UNDER VIVEKA SCHEME IN THE YEAR 2022- 23 is awarded to him, we shall be able to provide overdraft/credit facilities to the extent of Rs.42,00,000/- to meet their working capital requirement for executing the above contract. It is clarified that this Certificate is issued without any risk and - 5 - HC-KAR NC: 2025:KHC:37763 WP No. 12973 of 2025 responsibility on the part of the State Bank of India or any of its officials in any respect whatsoever, more particularly either as guarantor or otherwise. This certificate must be taken as a private & confidential report given by the Bank without prejudice and on the express condition that State Bank of India & its officials are held free by you from any liability in connection with it. This certificate is issued for the above mentioned specific purpose, and at the specific request of our customer M/s B Krishna Devadiga. For STATE BANK OF INDIA Branch Manager YEDTHERE BYNDOOR 3. Mr. Prasanna D.P, the learned counsel for the petitioner, and Mr. Ashok N. Nayak, the learned counsel for the third respondent, are heard on whether the second respondent’s decision to treat the petitioner’s technical bid as non-responsive, is just and reasonable. The undisputed position is that the financial bids received are not open because of this Court's observation on 26.04.2025 that the tender process shall be subject to the outcome of this writ petition. - 6 - HC-KAR NC: 2025:KHC:37763 WP No. 12973 of 2025 5. This Court must opine on a juxtaposed reading of the Certificate as prescribed and as furnished that there is substantial compliance and the view that the certificate cannot be accepted because it is not in the prescribed form in its strict sense is a hyper-technical approach. The only additional stipulation is as regards the Banker's own caution. In the light of the afore, the following: ORDER The petition is allowed directing the concerned to treat the petitioner's technical bid as 'responsive', evaluate the bids received and complete the tender process. Sd/- (B M SHYAM PRASAD) JUDGE RB