- 1 - HC-KAR NC: 2025:KHC:29181 WP No. 22595 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22595 OF 2025 (GM-TEN) BETWEEN: 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. REPRESENTED BY ITS MANAGER SRI RAMACHANDRA. …PETITIONER (BY SMT. RAKSHITHA D J., ADVOCATE) AND: 1. STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT 2ND FLOOR, VIKAS SOUDHA DR.B.R.AMBE IKAR ROAD AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT GOVERNMENT RESIDENTIAL SCHOOL BUILDING Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29181 WP No. 22595 of 2025 NEAR GOVERNMENT SCIENCE COLLEGE CHITRADURGA-577501. 3. JOINT DIRECTOR SOCIAL WELFARE DEPARTMENT GOVERNMENT RESIDENTIAL SCHOOL BUILDING NEAR GOVERNMENT SCIENCE COLLEGE CHITRADURGA-577501. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR WRIT OF NAY NATURE QUASHING THE TECHNICAL CRITERIA AT SERIAL NO-7 AND 14 AND OF THE NOTICE INVITING TENDER VIDE ANNEXURE-A DATED 01/07/2025 BEARING NO. ISSUED BY RESPONDENT NO.3, JOINT DIRECTOR, SOCIAL WELFARE DEPARTMENT, CHITRADURGA; ISSUE A WRIT OF MANDAMUS OR WRIT OF ANY NATURE DIRECTING THE RESPONDENT NO-3, JOINT DIRECTOR, SOCIAL WELFARE DEPARTMENT, CHITRADURGA TO CONSIDER THE REPRESENTATION DATED 22/07/2025 BEARING NO-SWISS/TEN/2025-26/2393 VIDE ANNEXURE-G AND TO CONSEQUENTLY DIRECT THE RESPONDENT NO-3, JOINT DIRECTOR SOCIAL WELFARE DEPARTMENT, CHITRADURGA TO ISSUE FRESH TENDER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:29181 WP No. 22595 of 2025 ORAL ORDER The petitioner, a company presently registered under the Companies Act 2013 [for short, 'the Companies Act'], is aggrieved by the Tender Notification published on 01.07.2025 [Annexure - A] by the third respondent. Ms. Rakshitha D.J., the learned counsel for the petitioner, submits that this Court must interfere with the tender notification because some of the terms of the tender are arbitrary inasmuch as it excludes persons such as the petitioner from participating. 2. In this regard, Ms. Rakshitha D.J. invites this Court's attention to the stipulation that a participant should have Local ESI Code Registration Certificate for Chitradurga District and the further stipulation that the experience certificate must relate to a certain minimum number of persons having satisfactorily worked under a single order with any Government Institution in terms of the Work Order - 4 - HC-KAR NC: 2025:KHC:29181 WP No. 22595 of 2025 issued on tender. However, this Court must observe that the learned counsel does not persuade this Court to opine that there is any arbitrariness in these stipulations only because the petitioner could stand excluded. 3. As an alternative, Ms. Rakshitha D. J. submits that the petitioner cannot participate in the tender process because of the stipulation that a participant should not have, in the last five years changed the PAN Registration or the GST Registration. The learned counsel submits that the petitioner was earlier functioning as a proprietary concern and for bonafide reasons has incorporated the Company; that the petitioner for bonafide reasons has now incorporated the petition with registration under the Companies Act. 4. Mr. Shamanth Naik, the learned High Court Government Pleader, who accepts notice for the respondents, is heard in the light of these - 5 - HC-KAR NC: 2025:KHC:29181 WP No. 22595 of 2025 submissions and in view of the Court's opinion that there is no reason for interference with the tender notification on the ground of arbitrariness because of the aforesaid stipulation, but this Court must permit the petitioner to participate in the tender notwithstanding the stipulation [as per Clause 8(A)- 7]. In this regard, this Court must observe that in very similar circumstances where there was a stipulation against change in PAN number, this Court has permitted the concerned to participate in the tender. This Court must refer to the decisions of a Co-ordinate Bench of this Court in W.P. No.201239/2021 and in W.P. No.21360/2022. In the light of the above, the following: ORDER The petition stands disposed of permitting the petitioner, subject to compliance with all other terms to participate in the tender notification - 6 - HC-KAR NC: 2025:KHC:29181 WP No. 22595 of 2025 directing the respondents not to insist upon the stipulation that there should not be a change in the PAN or GST Registration in the case of this petitioner. Sd/- (B M SHYAM PRASAD) JUDGE RB