IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15552 of 2016 (GM-TEN) BETWEEN ROCHE DIAGNOSTICS INDIA PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT 501-B, 5TH FLOOR, SILVER UTOPIA CARDINAL GRACIOUS ROAD, CHAKALA, ANDHERI (EAST) MUMBAI-400 069.
REPRESENTED BY ITS ACCOUNT MANAGER MOLECULAR DIAGNOSTICS MR.DEEPAK RANJAN MAHARANA.
... PETITIONER (BY SRI. NISCHAL DEV B.R., ADV.) AND 1. GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, DR. B.R. AMBEDKARA VEEDHI, BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. GOVERNMENT OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE ANAND RAO CIRCLE, BENGALURU-560 001.
REPRESENTED BY ITS COMMISSIONER.
3. GOVERNMENT OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION, DR. B.R. AMBEDKARA VEEDHI, BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
4. KARNATAKA STATE AIDS PREVENTION SOCIETY NO.4/13-1, CRESCENT ROAD, HIGH GROUNDS, BENGALURU-560 001.
5. BANGALORE MEDICAL SYSTEMS, NO.1, 4TH CROSS, LINK ROAD, MALLESHWARAM, BENGALURU – 560 003.
…RESPONDENTS (BY SRI. SANDESH J. CHOUTA, AAG A/W SRI. VIJAY KUMAR A. PATIL, AGA FOR R1 TO R3;
SRI. V. SREENIDHI, ADV. FOR R4;
SRI. ADITYA SONDHI, SR. ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO 4 TO INVITE OPEN TENDERS FOR PROCURING NUCLEIC ACID TESTING [NAT] TECHNOLOGY FOR BLOOD SCREENING IN THE GOVERNMENT HOSPITALS IN TERMS OF SECTION 5 OF THE KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT ACT, 1999 READ WITH KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT RULES, 2000 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN “B” GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Nischal Dev.B.R., learned counsel for the petitioner.
Sri.Sandesh J.Chouta, learned Additional Advocate General along with Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 3.
Sri.V.Sreenidhi, learned counsel for respondent No.4.
Sri.Aditya Sondhi, learned Senior Counsel for respondent No.5.
The petition is admitted for hearing. With the consent of learned counsel on both sides, the same is heard finally.
2. In this petition, the petitioner has prayed for the following reliefs:
“1. Issue a writ of mandamus or any other order or direction of like nature, directing the Respondent No.1 to 4 to invite open tenders for procuring Nucleic Acid Testing (NAT) technology for blood screening in the Government hospitals in terms of Section 5 of the Karnataka Transparency in Public Procurement Act, 1999 read with Karnataka Transparency in Public Procurement Rules, 2000;
1A. Issue a writ of certiorari or any other order or direction of like nature, quashing the notification bearing AKUKA 50 MSF 2016 dated 16.03.2016 issued by the Respondent No.2 (Annexure-R);
2. Grant such other reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.”
3. When the matter was taken up today, learned Senior Counsel for respondent No.5 submitted that exemption under Section 4(b) of the Karnataka Transparency in Public Procurement Act, 1999 (hereinafter referred to as ‘the Act’ for short) was granted for a period of three years on 16.03.2016 and the aforesaid period shall expire on 31.03.2019.
4. In view of the aforesaid submission, learned counsel for the petitioner submits that the aforesaid exemption has already been withdrawn by order dated 03.04.2018 and has filed a memo to that effect. The aforesaid document is taken on record.
5. Learned Additional Government Advocate submits that the State Government has not issued such an order. Be that as it may.
6. Therefore, the relief prayed for by the petitioner contained in relief ‘1A’ does not survive for consideration. In so far as relief ‘1’ is concerned, the writ petition is disposed of with a direction to the competent authority to consider the issue with regard to inviting of tender for procurement of Nucleic Acid Testing (NAT) technology for blood screening in the Government Hospitals in terms of Section 5 of the Karnataka Transparency in Public Procurement Act, 1999 read with Karnataka Transparency in Public Procurement Rules, 2000 made thereunder in accordance with law within a period of six weeks from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE dn/-