(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue an appropriate writ order or direction in the nature of certiorari quashing the impugned bid document of procurement of nutrition food for tribal families resided in 8 districts in the State of Karnataka FY 2026-27, notification IFT No. Nil, dated. 06/2026 (Annexure-A), in so for as it pertains to the conditions prescribed in qualification criteria Clause Sl.No.8 as it pertains to I.E. minimum 16,732 MT during the specified period, either through a single contract or multiple contracts the bidder shall have supplied a combination of the following items of total cumulative (A Plus B Plus C) quantity of such supplies shall not be less than 16732 Mtandconsequently quash the pre bid meeting clarification issued as per tender No. DTWO/2026-27/Ind0114, dated. 24-06-2026 (Annexure-A1) in so for as it pertains to clarification issued/to be read as, as per Sl.No.2 (Bid Document Qualification Criteria Page-42 To 43)I.E. shall submit the copies of the work orders along-with the certificate of satisfactory completion of the supplied issued by the clients the last 3 Financial Years 2022-23, 2023-24 and 2024-24. if the bidder demonstrate experience of the FY 2025-26, then the last 3fy 2023-24, 2024-25, 2025-26 shall be considered. the different food items units shall be converted as below KG to MT litre to MT and etc Govt. order No. Fd 908 Exp-1212019 Bengaluru dt.21-07-2020,both impugned notification and clarification issued by the 2nd respondent are concerned the same being illegal and unsustainable and etc.)
Oral Order
1. Learned AGA accepts notice for respondents No.1 and 2.
2. The petitioner is before this Court seeking for the following reliefs:
A. ISSUE an appropriate writ order or direction in the nature of certiorari quashing the impugned Bid Document of Procurement of Nutrition Food for Tribal Families Resided in 8 Districts in the State of Karnataka FY 2026-27, Notification IFT No. NIL, dated. 06/2026 (Annexure:-A), in so for as it pertains to the conditions prescribed in Qualification Criteria Clause Sl.No.8 as it pertains to "i.e. minimum 16,732 MT during the specified period, either through a single contract or multiple contracts"
"The bidder shall have supplied a combination of the following items of total cumulative (A+B+C) quantity of such supplies shall not be less than 16732 MT" and consequently quash the pre bid meeting clarification issued as per Tender No. DTWO/2026-27/IND0114, dated. 24-06-2026 (Annexure:-A1) in so for as it pertains to clarification issued/to be read as, as per Sl.No.2 (Bid Document Qualification Criteria Page-42 to 43) i.e. "Shall submit the copies of the work orders along- with the certificate of satisfactory completion of the supplied issued by the clients the last 3 financial years 2022-23, 2023-24 & 2024-24. If the bidder demonstrate experience of the FY 2025-26, then the last 3FY 2023-24, 2024-25, 2025-26 shall be considered. The different food items units shall be converted as below Kg to MT Litre to MT and etc "Govt. Order No. FD 908 Exp-1212019 Bengaluru dt.21-07-2020, both impugned notification and clarification issued by the 2nd Respondent are concerned the same being illegal and unsustainable;
B. ISSUE an appropriate writ order or directions in the nature of mandamus directing the Respondent No.2 to proceed with the tender notification without acting upon the qualification criteria determined in Clause Sl.No.8 clarification issued/to be read as, as per Sl.No.2 (Bid Document Qualification Criteria Page- 42 to 43) of impugned Annexure:-A and A1 and further direct the 2nd Respondent to consider Tender Application of Petitioner Federation for Technical and financial bid in the interest of justice and equity.
C. GRANT such other relief's as this Hon'ble Court deems fit in the facts and circumstance of the case.
3. The only contention raised by the petitioner is that in terms of Clause 8 of the tender document, the petitioner is not only to Satisfy the requirement of having supplied 80% of the required quantity but also a minimum quantity of 16,732 metric tons.
4. His submission is that all the certificates which are issued by the tendering authorities do not mention the quantity but only mention the amounts. On that ground, he submits that the petitioner may be permitted to submit supporting documents which could be considered for the purpose of technical evaluation without only insisting on the quantity.
5. Learned AGA on instructions submits that along with the satisfaction certificate, if the work orders are produced, indicating the total quantity supplied the same would be taken into consideration for the purpose of evaluation.
6. The same answers the grievance of the petitioner. Hence, the petitioner is at liberty to upload not only the work done satisfaction certificate, but also the work orders and any other document evidencing the quantity of supply made. The petition stands disposed of.
7. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of.
