Bengaluru: In a significant order that could reshape the dynamics of advertising rights along the Namma Metro corridors, the Karnataka High Court on Thursday stayed the operation of BMRCL’s metro pier and portal advertising tender after finding that the tender’s scoring system was “skewed” and potentially unfair to several smaller advertisers.
The case, WP 32551/2025, was filed by the Indian Outdoor Advertising Association (IOAA), represented by advocate Brijesh Patil, challenging Bangalore Metro Rail Corporation Limited (BMRCL)’s tender notification (RFP No. BMRCL/PD/ADVT/PIERS&PORTALS/2025-26/06, dated September 17, 2025). The matter came up before Justice Suraj Govindaraj, who observed that several clauses in the evaluation criteria appeared “purely discretionary” and could disadvantage smaller players.
Tender Evaluation “Skewed,” Says Court
During the hearing, the court noted that 50 out of 100 technical marks in the tender were assigned to just three components —
- Experience in metro rail advertising (Sl. No. 5),
- Proposed design and methodology (Sl. No. 7), and
- PPT presentation of work plan (Sl. No. 8) —
raising concerns that the process favored bidders with greater financial muscle or prior metro experience.
“The allocation of half the total marks to these three components, two of which are subjective, raises questions of fairness,” Justice Govindaraj observed in his interim order.
He further noted that several members of the petitioner association might not qualify for any marks under these clauses, which could prevent their financial bids from even being opened.
Tender Stayed Until Further Orders
Granting an interim stay, the court directed that the operation of the BMRCL tender notification dated September 17, 2025, be suspended until the next hearing.
Senior counsel Aravind Kamath, appearing for the Union Government, sought two weeks’ time to obtain instructions. The matter will now be heard on November 13, 2025.
Notices were accepted by Mahesh Arkalagud, Swathi Panduranga, Shilpa Shah, and B.L. Sanjeev on behalf of respondents. The petitioner was directed to serve two copies of the petition and annexures to the respective counsels.
Industry Alleges Systemic Bias
The Indian Outdoor Advertising Association, representing hundreds of advertisers and media owners, argued that the tender’s framework discourages local and mid-scale firms by emphasizing experience in metro projects — a rare qualification outside BMRCL.
“This is a backdoor way of eliminating competition and favoring select agencies. The parameters must be fair and transparent,” a senior member of the association told The Bengaluru Live.
Call for Broader Judicial Scrutiny
The case highlights recurring allegations of tender manipulation and subjective scoring in Bengaluru’s public infrastructure contracts.
Observers have urged the Karnataka High Court Chief Justice to take suo motu cognisance of the broader pattern of arbitrary tender terms in civic and infrastructure projects under BMRCL and other public bodies.
“Judicial oversight is essential to ensure transparency and equal opportunity for all bidders — not just a privileged few,” said a retired legal expert familiar with previous public procurement disputes.
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