B. Manohar ORDER
B. Manohar, J.
1. The petitioner in this writ petition sought for writ of certiorari quashing the corrigendum dated 14.05.2015 and corrigendum dated 19.05.2015 issued by Hubli-Dharwad Municipal Corporation (hereinafter referred to as 'HDMC' for short) as per Annexures-C and D and to proceed with the tender notification dated 15.12.2014 and also sought for writ of mandamus directing the second respondent to proceed with e-tender without insisting for the conditions imposed in the corrigendum dated 14.05.2015.
2. The grievance of the petitioner in the writ petition is that the petitioner is a civil contractor and supplier of manpower to the State Government. He also supplies gardeners and other skilled labourers to maintain the garden in the Hubli City. The petitioners for so many years maintained the garden in Hubli City. As per the said notification, it was condition precedent that the contractor must possess licence from the HDMC; must have experience/qualification/training in Horticulture or agriculture from the University or from the Government Establishment; three years minimum experience in maintaining gardens and the last date for receipt of tender was fixed on 30.12.2014. In pursuance of the tender notification dated 15.12.2014 for protection and maintenance of the garden in Hubli City Limits, the petitioner applied for the same under e-procurement portal. He paid the earnest money deposit (for short 'EMD'). Instead of proceeding with the tender, the respondents issued Board letter with regard to the very same work on 30.04.2015 fixing the last date for receipt of tender on 15.05.2015. However, the last date was extended by corrigendum dated 14.05.2015 and once again it was extended as per corrigendum dated 19.05.2015 fixing the last date of receipt of tender as 25.06.2015 and opening of the tender of the technical bid on 27.06.2015.
3. The main grievance of the petitioner with regard to the retender is that in the retender notification eligibility criteria prescribed was modified. As per the modified eligibility criteria it was stipulated that-
"(1) the contractor himself or person working under the contractor should have the qualification as prescribed and the contractor must be available on all the working days;
(2) at least 1 person possessing B.Sc. (Agri OR Horti OR Forestry) Degree holder having minimum 5 years experience in garden maintenance;
(3) The contractor shall have the minimum experience of not less than 10 years in the field of garden development and maintenance in the previous 10 years in Government or semi Government garden works. (All relevant documents issued by competent authority to be attached);
(4) the Contractor shall produce the relevant document for the owned/hired equipment for the purpose of maintenance of the garden.
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4. The petitioner has contended that except the qualification prescribed in clause 3 and 4, he possess all the eligibility criteria sought by the HDMC in the re-tender notification. Apart from that, the petitioner has got experience of maintaining the garden of the HDMC for the last 5 years. The technical eligibility criteria stipulated in the retender notification is only with an intention to disqualify the petitioner from applying the tender/retender. Hence, he sought for quashing the corrigendum dated 14.05.2015.
5. Sri F.V. Patil, learned counsel appearing for the petitioner contended that pursuant to the tender notification dated 15.12.2014 three persons had applied. Without opening the said tender, the HDMC issued retender on 30.04.2015 in order to disqualify the petitioner by knowing fully well that the petitioner herein does not possess B.Sc. (Agri/Horti/Forestry). Further, the petitioner does not have the minimum experience often years as sought in the retender notification. Fixing the ........