- 1 - HC-KAR NC: 2026:KHC:17984 WP No. 10082 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10082 OF 2026 (GM-TEN) BETWEEN: M/S. SRI RAMA ENTERPRISES REPRESENTED BY ITS PROPRIETOR, SRI TM MADEGOWDA, AGED ABOUT 46 YEARS, REGISTERED OFFICE AT THURAGANURU, BANNUR HOBLI, T NARASIPURA TALUK, MYSURU, KARNATAKA - 571 101. &PETITIONER (BY SRI. ASHOKA T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR OF MEDICAL EDUCATION (DME) ANAND RAO CIRCLE, BENGALURU - 560 009. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17984 WP No. 10082 of 2026 3. THE DEAN AND DIRECTOR KODAGU INSTITUTE OF MEDICAL SCIENCES (KOIMS), MADIKERI, KODAGU DISTRICT - 571 201. 4. THE TENDER INVITING AUTHORITY KODAGU INSTITUTE OF MEDICAL SCIENCES (KOIMS), MADIKERI, KODAGU DISTRICT - 571 201. &RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R2 SRI. PREETHAM JUDE CORREA, ADVOCATE FOR R3 & R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASHING THE IMPUGNED E-TENDER NOTIFICATION BEARING NO.DME/2025- 26/SE0676 DATED 06.03.2026 ISSUED BY THE RESPONDENT NO.2 FOR PROVIDING CATERING SERVICES (PREPARED DIET FOOD) FOR IN-PATIENTS FOR ONE (01) YEAR AT TEACHING HOSPITAL OF KODAGU INSTITUTE OF MEDICAL SCIENCES, MADIKERI (ANNEXURE-B) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:17984 WP No. 10082 of 2026 ORAL ORDER Learned counsel appearing for respondent Nos.3 and 4, being the tendering authorities, contends that the petitioner has not even submitted a bid pursuant to the impugned tender notification and, therefore, lacks the locus standi to assail the tender conditions. When a specific query was put by this Court as to whether the petitioner has submitted his tender by remitting the requisite Earnest Money Deposit (EMD), learned counsel for the petitioner, on instructions, fairly submits that the petitioner is only contemplating participation and has not yet submitted the bid, though the last date for submission of tender is scheduled on 06.04.2026. 2. In the considered view of this Court, the conduct of the petitioner does not inspire confidence. A person who has not participated in the tender process, nor demonstrated any bona fide intention by complying with the essential preconditions such as submission of bid and deposit of EMD, cannot be permitted to challenge the - 4 - HC-KAR NC: 2026:KHC:17984 WP No. 10082 of 2026 tender conditions in a writ petition. Such a challenge, in the absence of participation, is premature and speculative. 3. It is a settled principle that a non-participant in a tender process ordinarily lacks locus standi to question the terms of the tender, unless exceptional circumstances are made out. No such exceptional grounds are pleaded or demonstrated in the present case. 4. Accordingly, this Court holds that the petitioner has no locus to maintain the present writ petition. The petition is devoid of merit and is liable to be dismissed. Hence, the writ petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 18