Karnataka High Court K R Chidambara vs General Manager on 15 December, 2020 1 DATED THIS THE 15TH DAY OF DECEMBER, 2020 BEFORE THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION No.7334 OF 2020 C/W WRIT PETITION No.43612 OF 2019 (GMTEN) IN W.P. NO.7334 OF 2020 BETWEEN : K.R. CHIDAMBARA S/O RADHAKRISHNA AGED ABOUT 35 YEARS NO.1, 12TH BLOCK SBM LAYOUT, SRI RAMPURA 2ND STAGE, MYSURU570 034 ... PETITIONER (BY SHRI. RADHAKRISHNA, ADVOCATE) AND : 1. GENERAL MANAGER SOUTH WESTERN RAILWAY HUBBLLI, PIN580 021 2. DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY MYSURU, PIN570 001 3. ADDL. DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY MYSURU, PIN570 001 2 4. SENIOR DIVISIONAL ENGINEER COORDINATION, S.W. RAILWAY/ MYSORE, PIN570 001 ... RESPONDENTS (BY SHRI. Y.T. ABHINAY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE R4 DATED 20.04.2020 AT ANNXL TECHNICALLY DISQUALIFYING THE PETITIONER TENDER BID AND DIRECT R4 TO QUALIFY THE TECHNICAL BID AND CONSIDER FINANCIAL BID OF THE PETITIONER ON PAR WITH OTHER BIDDERS AS PRAYED FOR BY THE PETITIONER AT ANNXK AS PER THE DIRECTIONS OF THE MINISTRY OF RAILWAYS AND MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES. IN W.P. NO.43612 OF 2019 BETWEEN : M/S KUSHAL ENTERPRISES S/O RADHAKRISHNA AGED ABOUT 35 YEARS REP. BY K.R. CHIDAMBARA #1, 12TH BLOCK, SBM LAYOUT SRIRAMPURA 2ND STAGE MYSURU570 034 ... PETITIONER (BY SHRI. RADHAKRISHNA, ADVOCATE FOR SHRI. C.R. RAJAGOPAL, ADVOCATE) AND : 1. GENERAL MANAGER SOUTH WESTERN RAILWAY HUBLI580 031 2. DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY MYSURU570 001 3. ADDITIONAL DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY MYSURU570 001 3 4. DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY BENGALURU560 001 ... RESPONDENTS (BY SHRI. Y.T. ABHINAY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE R3 (ADDL. DIVL RAILWAY MANAGER, MYSURU) DATED 27.08.2019 VIDE ANNEXUREH AND DIRECT THE R3 TO CONSIDER THE FINANCIAL BID OF THE PETITIONER ON PAR WITH THE OTHER BIDDERS AS PRAYED FOR BY THE PETITIONER VIDE ANNEXUREG AS PER THE DIRECTIONS OF RAILWAY BOARD CIRCULAR AND POLICY. THESE WRIT PETITIONS, HAVING BEEN HEARD THROUGH VIDEO CONFERENCING AND RESERVED FOR ORDERS ON 12.11.2020, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: ORDER Heard Shri. C.R. Rajagopal, learned Advocate for the petitioner and Shri. Y.T. Abhinay, learned Advocate for railways. 2. These two writ petitions have been filed by M/s.Kushal Enterprises with a prayer inter alia to setaside their Technical disqualification and to consider their Financial Bid in respect of tenders in which petitioner has participated. 4 3. Shri. Rajagopal for petitioner submitted that petitioner is a Railway contractor and a Skilled Micro and Small Entrepreneur registered under Ministry of Micro Small and Medium Enterprise ('MSME' for short), New Delhi. Petitioner participated in a tender called by The South Western Railway to provide: x Housekeeping and hospitality services for Officers' Rest Houses, Supervisors' Rest Houses, Officers' Holiday Home, Staff Holiday Home and Subordinate Rest Houses; x Cleaning and House Keeping Railway stations; x Manual cleaning, Sweeping, Moping, Pestcontrol etc.; x Outsourcing of operation of mechanized Linen Care Centre, AMC of Laundry machine and transportation of Linen; x Outsourcing of Data entry and Record Keeping at Diesel Loco shed; x Hiring of Ambulance with Cardiac Life Support with one Driver round the clock; x Mechanized Housekeeping contract at Divisional Railway Hospitals and several other works. 5 4. Shri. Rajagopal submitted that petitioner submitted a representation dated August 19, 2019 as per AnnexureG stating that Railway Authorities are not considering the tenders by MSME and rejecting them without any cogent reasons. A copy of the said representation was also submitted to the Railway Authorities. The Divisional Office of South We