Kerala High Court
M/S R.B. Agencies, Palakkad vs Bharat Sanchar Nigam Limited (Bsnl) on 26 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:72035
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 26TH DAY OF SEPTEMBER 2025 / 4TH ASWINA, 1947
WP(C) NO. 35346 OF 2025
PETITIONERS:
1 M/S R.B. AGENCIES,
PALAKKAD,
REPRESENTED BY MANAGING PARTNER
MOHAMMED FIROZ,
AGED 29 YEARS,
S/O MOHAMMED BASHEER,
9/619 NABEESA MANZIL HOUSE,
AMBALAKKAD, KALLEPULLY P.O,
PALAKKAD, KERALA, PIN - 678005
2 NISHA COMMUNICATIONS,
AGED 37 YEARS,
3/954, VENGUNAD COMPLEX,
PALAKKAD ROAD, KOLLENGODE,
PALAKKAD,
REPRESENTED BY ITS PROPRIETOR KAJAHUSSAIN J,
AGED 37, S/O JALALUDHEEN,
6/467C BISMI COMPLEX,
KAMBRATHCHALLA, MUTHALAMADA,
PALAKKAD, KERALA, PIN - 678507
BY ADV.
SRI.P.T.SHEEJISH
RESPONDENTS:
1 BHARAT SANCHAR NIGAM LIMITED (BSNL),
KERALA CIRCLE,
REPRESENTED BY THE CHIEF GENERAL MANAGER TELECOM,
TRIVANDRUM,
PIN - 695033
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W.P.(C) No.35346/2025
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2 PRINCIPAL GENERAL MANAGER,
TELECOM
BSNL PALAKKAD BUSINESS AREA,
BSNL BHAVAN,
OPPOSITE AKSHAYA JEWELERS,
PALAKKAD,
PIN - 678014
BY ADV.
SRI.MATHEW K.PHILIP, SC, BSNL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.09.2025, THE COURT ON 26.09.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.35346/2025
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N. NAGARESH, J.
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W.P.(C) No.35346 of 2025
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Dated this the 26th day of September, 2025
JUDGMENT
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The petitioners state that they are engaged
in providing franchisee services and manning BSNL
Customer Service Centres (CSCs) in Palakkad District for
several years. Due to their excellent performance, they were
entrusted with managing multiple BSNL Customer Service
Centres in Palakkad District. They were leading in SIM sales
in the Kerala Circle and they are running the franchisee
without any complaint from any quarters.
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2. The respondents, however, decided to
conduct auction for allotment of BSNL CSCs in Palakkad
business area, on 03.09.2025. According to the petitioners,
till the previous year, auction was conducted physicallly in
offline manner. All of a sudden, this year, the tender was
floated online. The petitioners were not aware of the new
procedure. The e-auction was to commence on 23.09.2025.
The lack of clarity in the notification coupled with highly
technical and multi step GeM registration and PQ process
placed the existing BSNL franchisees in a position of
disadvantage.
3. The petitioners state that no publication of
the tender notice appeared in any newspaper, gazette or
official public domain, which is the usual and accepted mode
of communicating important information. The petitioners
submitted representations in this regard. However, the
representations were not positively responded to. The
petitioners urge that the action of the respondents in
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proceeding with the auction without re-opening or extending
PQ submission is contrary to the principles of fairness, equity
and natural justice.
4. I have heard the learned counsel for the
petitioners and the learned Standing Counsel representing
the respondents.
5. The respondents had decided to conduct
auction inviting bids for the allotment of BSNL CSCs in
Palakkad business area, on 03.09.2025. The pre-
qualification submission was to be completed on or before
10.09.2025. The date of commencement of e-auction was
23.09.2025. The petitioners admittedly did not respond to
Ext.P5 auction notification. The petitioners feign ignorance of
the notification.
6. The e-auction notification was made public
in GeM portal. In response to the notification, four bidders
submitted their tenders. The respondents opened the
technical bids on 10.09.2025. The said participants were
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instructed to upload EMD details before 26.09.2025. The
petitioners did not respond to the tender notification. They did
not submit their PQ before 10.09.2025. The petitioners
therefore cannot raise any legal grievance against the
tendering process.
The writ petition is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/25.09.2025
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APPENDIX OF WP(C) 35346/2025
PETITIONERS' EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE FRANCHISEE
SELECTION LETTER ISSUED BY BSNL KERALA
CIRCLE APPOINTING 2ND PETITIONER AS BSNL
FRANCHISEES FOR ALATHUR & CHITTUR
TERRITORIES DATED 18/6/2019
Exhibit P2 THE TRUE COPY OF THE CUSTOMER SERVICE
CENTRE QUALIFICATION/EXPERIENCE
CERTIFICATE FOR 36 MONTHS ISSUED BY AGM
(S&M), BSNL PALAKKAD, TO THE 1ST
PETITIONER'S FIRM M/S. NISHA
COMMUNICATIONS DATED 08.09.2025
Exhibit P3 THE TRUE COPY OF THE CUSTOMER SERVICE
CENTRE QUALIFICATION/EXPERIENCE
CERTIFICATE FOR 36 MONTHS ISSUED BY AGM
(S&M), BSNL PALAKKAD, TO THE 2ND
PETITIONER'S FIRM M/S. RB AGENCIES DATED
08.09.2025
Exhibit P4 TRUE COPY OF THE BANK GUARANTEE RENEWAL
REQUEST SUBMITTED BY THE 2ND PETITIONER
TO THE SOUTH INDIAN BANK FOR BSNL
FRANCHISEE DATED 21.12.2022
Exhibit P5 THE TRUE COPY OF THE AUCTION
NOTIFICATION GENERATED BY THE
RESPONDENTS, DATED 03.09.2025
Exhibit P6 TRUE COPY OF THE REPRESENTATION BEFORE
1ST RESPONDENT, VIA EMAIL DATED
11.09.2025
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
DATED 18.09.2025 TO THE GENERAL MANAGER,
BSNL PALAKKAD, BY THE 2ND PETITIONER
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION
DATED 18.09.2025 TO THE CHIEF GENERAL
MANAGER, BSNL PALAKKAD, BY THE 2ND
PETITIONER.
