Kumari Archana H. vs Karnataka State Road Transport Corporation (KSRTC)

The Petitioner is assailing the notification dated 05.01.2011 issued by the Respondent-Road Transport Corporation. The Petitioner claims to have approached this Court in public interest.

We have heard the learned Counsel for the Petitioner and perused the petition papers.

By the impugned notification dated 05.01.2011 (Annexure-A), the Respondent has invited short term tenders for operations and maintenance of commercial-cum-retail space at four bus terminals in Karnataka. The case of the Petitioner is that the said tender is contrary to the general standing order No.602/2008 dated 04.06.2008 (Annexure-Bl). In this regard, it is contended that the said standing order provides for reservation for scheduled caste and scheduled tribes in KSRTC bus stand commercial shop allotment. In that view, it is contended that if the impugned tender notification, is resorted to, without providing benefit of reservation, the same is not only contrary to the decision of the Board of Directors, but would deprive the persons from the lower strata of society to have the benefit of earning their livelihood by competing for allotment of the shops.

In the background of the contention raised we have, at the outset, carefully perused the notification inviting tenders. The contents therein would indicate that the tender invited is not for commercial shops existing in the premises of the Respondent-Corporation. On the other hand total open space inclusive of commercial space and parking, space has been indicated and the project is for operations and maintenance of the same on commercial-curn-retail basis. It is almost in the nature of joint venture wherein the private sector tenderer would carryout internal development of the commercial-cum-retail space and also the marketing, operations and sub-licencing for optimal utilisation. In this regard, annual licence fee would be paid to the Respondents.

Considering the nature of the project, we are satisfied that the same does not fall in the category of grant of licence for use of the commercial shops which is already constructed and possessed by the Respondent-Corporation. The general standing order referred is in respect of the reservation to be made relating to the commercial shops which are with the Respondent-Corporation and when the Respondent chooses to let-out the same on lease or licence basis. Since the said reservation provided for does not apply to the instant project regarding which the tenders have been invited, we are of the view that the Petitioner is not entitled to any relief.

Accordingly, the petition being devoid of merits stands dismissed. No order as to costs.