Daily Order

Judge Case Date of

Name No/Year Order Daily Order

CHIEF WP 02/09/2020 We have perused the memo dated 1st September, 2020
JUSTICE 6073/2020 filed by the State Government reporting compliance with
AND the directions issued by this Court. It is stated that the
ASHOK directions contained in the Government Circular dated
S.KINAGI 30th July, 2020 have been communicated to all the
operators of the private ambulances. Our attention is
invited to paragraph 33 of the statement of objections
wherein the State Government has stated that it is
planning to set up an Advanced Call Centre function for
Auto Assignment and two Call Centres, one at Bengaluru
and the other at Hubballi. The entire scheme as to how the
machinery will work has been set out in paragraph 33.

2. The submission of the learned counsel appearing for

the petitioner was that whatever interim measures this
Court has directed may not extend complete relief to the
citizens and in every case, it cannot ensure loss of ‘golden
hour.’. The State Government on the earlier occasion, had
taken a stand that the entire machinery as provided in
paragraph 33 of the statement of objections will be set up
within a period of five months, as the tender process will
have to be followed.

3. The learned counsel for the petitioner submitted that

the period of five months sought by the State Government
is too long as the object of introducing the new system is
to see that in the case of seriously ailing patients, the
‘golden hour’ is not lost. He invited our attention to the
provisions of Section 4 of the Karnataka Transparency in
Public Procurements Act, 1999 (for short, “the said Act of
1999”). He submitted that a power is vested in the State
Government to grant exemption in accordance with
Section 4 of the said Act of 1999. He submitted that it is all
the more necessary during the period of the pandemic
that the Government exercises its power under Section 4
of the said Act of 1999.

4. The State Government has responded to the memo

submitted by the petitioner by submitting written
submissions of today’s date in which the reasons have
been assigned why the power to grant the exemption has
Judge Case Date of
Name No/Year Order Daily Order

not been exercised. It is stated therein that the tender

process can be finalized within five months. It is stated
that a proposal for inviting the tender is required to be
placed before the Cabinet and that the Finance
Department is likely to place the same before the Cabinet
immediately.

5. It is true that what the State Government wants to

achieve must be achieved at the earliest as the issue
concerns the health of people who are suffering from
serious ailments. In the facts of the case, we cannot
compel the Government to exercise power under Section
4 of the said Act of 1999. However, as of today, we cannot
grant time of five months as sought for by the learned
Additional Government Advocate.

6. This Court will have to monitor the entire process so

that the same is not unduly delayed. We, therefore, direct
the State Government to file written submissions/affidavit
by 30th September, 2020 setting out the progress made in
the tender process.

7. Let the petition be listed for considering the

submissions of the State Government on 1st October,
2020.

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