JUDGMENT :

Vinod Chatterji Koul, J.

1. Petitioner is aggrieved of and seeks quashment of NIT no.35/E-Tendering/DGM/Srinagar/Unit/JKPCC of 2021-22 dated 3rd November 2021, issued by Deputy General Manager – respondent no.4 herein, for engagement of Architectural-cum-Structural Consultant for Construction of Office Complex for Commercial Taxes Department at Excise and Taxation Premises Solina, Srinagar, with a further direction to respondents to continue consultancy allotted to petitioner in respect of construction tendered vide impugned NIT and to pay the amount already due towards him.

2. The case set up by petitioner is that petitioner-firm is a renowned architectural cum structural consultancy, having expertise in the field and that petitioner has also been elected as fellow of Indian institute of Architects bearing Registration No. 21902. It is averred that J&K Project Construction Corporation Limited (for brevity “JKPCC”) is a government owned corporation registered under the Companies Act as it is entrusted with function of effecting constructions of government buildings in Union Territory of J&K and has also power to float tenders on behalf of the Government of J&K for getting the government buildings constructed under its control and supervision. It is stated that JKPCC was also empowered to empanel consultants for providing architectural-cum-structural designs through approved and registered architects. In terms of its decision issued vide communication No. PS/MD/7983-8005 dated 02.03.2016 JKPCC is stated to have empaneled as many as 23 architectural and structural firms for providing the consultancy about the designs and structures etceterea of the buildings intended to be constructed by it. The petitioner claims that he figured at Serial No.10 in the panel. In terms of communication no.PS/MD/ 8339-41 dated 10th March 2016, the earlier communication was superseded with a situation that the agreement required to be drawn with empaneled consultancy firms, shall be work specific only.

3. It is also maintained by petitioner in writ petition that ever since empanelment, petitioner-firm has provided consultancy for designs and structural works undertaken by the Government in erstwhile State of Jammu and Kashmir in regard to series of buildings. It is claimed by petitioner that no formal orders for providing consultancy were being issued but under the agreed arrangement at specified percentage calculated on the basis of cost of construction works was being assessed and paid but major portion of the fee fixed with petitioner remained unpaid for which petitioner reserves the right to prefer the claim at appropriate time.

4. Petitioner also avers that in respect of the work tendered vide impugned NIT, the process of consultation by JKPCC with petitioner was initiated in the year 2018. The petitioner appears to have been selected for providing the drawing and structural consultancy on the basis of his previous performance and comparative assessment of suitability among the approved consultants, who were empaneled along with petitioner. It is also contended that after thorough deliberations with JKPCC, conceptual drawings of the proposed building of office complex for Commercial Taxes Department at Excise and Taxation premises at Solina, Srinagar, was provided to JKPCC and the drawing provided by petitioner was approved and accepted by JKPCC. It is also contended that before actual construction could be started, drawing was provided by the petitioner on 30.11.2019 to the Manager Commercial Taxes as well.

5. It is also averred by petitioner in the instant writ petition that the draft allotment letter for providing consultancy services for construction in question was issued in favour of the petitioner by respondent no.4. It is also contended that JKPCC put the execution of ground work and secondary block to tender on the basis of architectural and structural consultancy designs prepared by petitioner and the construction of the ground w