A1 SECURITY AND MANPOWER SERVICES vs. STATE OF KARNATAKA

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WP No. 101683/2022

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE, 2022 BEFORE THE HON'BLE MR JUSTICE R.DEVDAS WRIT PETITION NO. 101683 OF 2022 (GM-TEN) BETWEEN:

A1 SECURITY AND MANPOWER SERVICES REPRESENTED BY ITS PROPRIETOR, SMT. JYOTI MAHURKAR, AGE-35 YEARS, OCC-PROPRIETOR, R/O NO. 253, SASALATTI RABAKAVI-BANAHATTI TALUK, DISTRICT-BAGALKOT. …PETITIONER (BY SRI. MALLIKARJUNSWAMY B. HIREMATH.,ADVOCATE)

AND:

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION DATED 01.04.2022 ISSUED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-C. INTERIM PRAYER WHEREFORE, THE PETITIONER MOST RESPECTFULLY PRAYS THAT THIS HON BLE COURT MAY BE PLEASED TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO ISSUANCE OF NOTIFICATION DATED 01.04.2022 ISSUED BY THE RESPONDENT NO.2 AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

VINAYAKA B V Digitally signed by VINAYAKA B V Location: Dharwad Date: 2022.06.25 13:04:11 +0530

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WP No. 101683/2022

ORDER

R.DEVDAS J., (ORAL): The petitioner, a proprietorship concern established for the purpose of providing manpower on outsource basis for paramedical staffs, house keeping, security services, technicians and allied services, is before this Court aggrieved by the impugned notification dated 01.04.2022. The notification dated 01.04.2022 at Annexure –C is issued by the member secretary and Deputy Commissioner, backward classes Welfare Department, Haveri, calling for applications for short term e-Procurement of various services. It is contended by the petitioner that as per the tender requirements, the tenderers are required to furnish income tax returns for the financial year 2018-19, 2019-20 and 2020-21 and also certificates of 3CA, 3CB and 3CD, compulsorily. It is this condition that the petitioner is complaining about. 2. Learned counsel for petitioner draws the attention of this Court to Annexure-F which is a circular

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WP No. 101683/2022

dated 10.03.2016 issued by the Additional Secretary and Development Commissioner-MSMEs, Ministry of Micro, Small and Medium Enterprises to all Central Ministries/ Department/ CPSU/ all concerned, directing all such departments to relax the condition of prior turnover and prior experience with respect to Micro and Small Enterprises in all public procurements, subject to meeting of quality and technical specifications. Learned counsel therefore submits that the impugned notification has not taken note of the said circular issued by the Government of India. 3. On the previous occasion learned counsel for petitioner was directed to furnish information as to whether the petitioner is certified as a MSMEs. The learned counsel has today furnished a memo along with the MSMEs Udyam registration certificates. It is seen from the certificate that the certification was issued on 21.01.2021. 4. Learned Addl. Government Advocate opposes the petition, stating that the circular dated 10.03.2016

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WP No. 101683/2022

issued by the Additional Secretary and Development Commissioner – MSME is to all Central Ministries/ Departments/ CPSUs/ all concerned and it would not apply to any State Government Departments or any other State Government under takings. Moreover, it is submitted that the tenders have already been opened and the concerned Deputy Commissioner being the tendering authority is in the process of awarding the tender and at this stage, when the petitioner has not filed application or offered his tender, the process of tendering should not be stalled. 5. Having heard the learned counsels and perusing the petition papers, this Court finds that the petitioner has to blame itself for not having filed the application or offering the tender bids. There is no interim order directing the respondents not to open the tender bids. The tendering authority has gone ahead and opened the tenders. Moreover, as rightly submitted by the learned Addl. Government Advocate, the petitioner is unable to convince this Court that the circular dated 10.03.2016

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issued by the Government of India would be applicable to State Government or any of it’s undertakings. It cannot be readily accepted that the said circular would be binding on the State Government and it’s undertakings. 6. For the reasons stated above this Court does not find any merit in the writ petition. The writ petition stands dismissed.

SD JUDGE