- 1 - NC: 2025:KHC-D:851 WP No. 107396 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107396 OF 2024 (GM-TEN) BETWEEN: EDUSOFT HEALTH CARE PVT. LTD., REG. OFFICE NO.154, FF, SHAKTIVIHAR PRITAMPURA, DELHI – 110 034, AND REPRESENTED BY SRI VINAYARAJ S/O. ALTE MURULIDHAR, AGE: 40 YEARS, R/O: DAVANAGERE, DIST: DAVANAGERE. …PETITIONER (BY SRI J. S. SHETTY, ADVOCATE) AND: 1. BALLARY MEDICAL COLLEGE AND RESEARCH CENTER, AN AUTONOMOUS INSTITUTE OF GOVERNEMNT OF KARNATAKA, CANTONMENT, BALLARY – 583 104, BY ITS DEAN AND DIRECTOR. 2. THE DEEN AND DIRECTOR AND TENDER INVITING AUTHORITY, BMCARC, CONTONMENT, BELLARY – 583 104. 3. THE SECRETARY OF DEPARTMENT OF MEDICAL EDUCATION, GOVERNMENT OF KARNATAKA, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.22 11:00:44 +0530 - 2 - NC: 2025:KHC-D:851 WP No. 107396 of 2024 M.S.BUILDING, BENGALURU – 560 001. 4. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIDHANA SOUDHA, BENGALURU – 560 001. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI TO QUASH THE REJECTION OF THE TENDER SUBMITTED BY THE PETITIONER FOR SUPPLY OF DIGITAL AND X-RAY FILMS TO BALLARY MEDICAL COLLEGE AND RESEARCH CENTER AS PER THE LETTER DATED. 29.10.2024 NUMBERED AS DME/2023-24/IND0378/CALL-3, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A. A WRIT OF MANDAMUS, DIRECTING THE THIRD RESPONDENT THE APPELLATE AUTHORITY, TO CONSIDER THE APPEAL SUBMITTED BY THE PETITIONER HEREIN, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-B AND PASS AN ORDER FOR ACCEPT THE TENDER SUBMITTED BY THE PETITIONER ALSO ISSUE WORK ORDER IN HIS FAVOUR AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:851 WP No. 107396 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: “a) Issue a writ of certiorari to quash the rejection of the tender submitted by the petitioner for supply of digital and x-ray films to ballary medical college and research center as per the letter dated. 29.10.2024 numbered as dme/2023-24/ind0378/call-3, the copy of which has been produced herewith and marked as Annexure-A. b) A writ of mandamus, directing the third respondent the appellate authority, to consider the appeal submitted by the petitioner herein, the copy of which has been produced herewith at Annexure-B and pass an order for accept the tender submitted by the petitioner also issue work order in his favour. c) Any other writ or direction which this honourable court deems fit to grant in the facts and circumstances of the case, may kindly be granted in favour of the petitioners by allowing this writ petition, with cost throughout, in the ends of justice and equity.” 2. Inter alia is a direction by issuance of a writ in the nature of mandamus to consider the appeal submitted - 4 - NC: 2025:KHC-D:851 WP No. 107396 of 2024 by the petitioner against the rejection of the tender of the petitioner. 3. Learned counsel appearing for the petitioner submits that on 30.10.2024 the petitioner has preferred an appeal before the Appellate Authority as obtaining under Section 16 of Karnataka Transparency in Public Procurement Act, 1999. Till date, there is no order passed by the Appellate Authority, is the submission. 4. Therefore, I deem it appropriate to dispose the petition, for the present, with a direction to the Appellate Authority to dispose the appeal within an outer limit of four weeks from the date of receipt of a copy of this order, if not earlier or if not already decided. 5. All contentions urged by the petitioner shall remain open. 6. It is open for the petitioner to seek remedy that he has sought before this Court, before the Appellate - 5 - NC: 2025:KHC-D:851 WP No. 107396 of 2024 Authority, if need arises, by filing an appropriate application. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 26