Serial No. 114

Supplementary-1 List

HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

{Through Virtual Mode}

WP(C) No.1036 /2021

CM Nos.3415/2021 & 3416/2021

Abdul Samad Wani & Ors.

… Petitioner(s)

Through:

Mr Altaf Mehraj, Advocate.

Versus

Union Territory of Jammu and Kashmir & Ors.

… Respondent(s)

CORAM:

Hon’ble Mr Justice Ali Mohammad Magrey, Judge.

(ORDER)

31.05.2021

01.

The Petitioners claim to be registered Contractors with the

Respondent Department. In terms of e-NIT No. 35/PHEQ of 2020-21 dated

15^th of February, 2021, the Respondent-Department invited e-enters for

execution of various works detailed out in the tender notice. The tender notice,

as stated, prescribed 2^nd of March, 2021 as the last date for submission of bids

and 3^rd of March, 2021 as the time of opening of technical bids. In response

to the aforesaid tender notice, the Petitioners, besides other eligible

Contractors, are stated to have submitted their tenders/ bids along with all

requisite documents before the Respondent-Department. It is pleaded that the

tender documents of the Petitioners were complete in all respects and that the

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WP(C) No.1036/2021;

CM Nos.3415/2021 & 3416/2021

Petitioners were, thus expecting positive results therefrom. Thereafter, the

technical bids were opened by the Respondent-Department, wherein, as

stated, the tender documents of the Petitioners were found responsive and the

process was initiated by the Respondent-Department for opening of financial

bids. However, the Petitioner No.2 is stated to have filed a complaint before

the Respondent No.4 with regard to the eligibility of the Respondent No.5, as

a consequence whereof, a Committee was constituted vide Order dated 12^th of

April, 2021 and the process of allotment deferred. The Committee, on 26^th of

April, 2021, submitted report whereby the Respondent No.5 was held eligible

to partake in the tendering process pursuant to the e-NIT in question.

Subsequently, on 27^th of April, 2021, the Respondent No.5 was, upon opening

of financial bids, declared L1 and allotted the works put to tender in terms of

e-NIT dated 15^th of February, 2021. Feeling aggrieved of the report of the

Committee constituted by the Respondent-Department qua eligibility of

Respondent No.5 as well as the subsequent decision of the Respondent-

Department to allot the works to Respondent No.5, the Petitioners have

challenged the vires of the same through the medium of the instant Writ

Petition before this Court under Article 226 of the Constitution of India.

02.

Mr Altaf Mehraj, the learned counsel for the Petitioners,

submitted that the report/ decision of the Committee constituted by the

Respondent-Department; whereby the Respondent No.4 has been found

eligible to participate in the tendering process and the subsequent allotment of

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WP(C) No.1036/2021;

CM Nos.3415/2021 & 3416/2021

works in favour of the Respondent No.5 pursuant to E-tender notice

No.35/PHEQ of 2020-21 is result of colorable exercise of power on part of

the Respondent-Department. It is submitted that the Petitioner No.2 had raised

an extremely important issue of ineligibility of Respondent No.5 qua non-

submission of requisite documents by the Respondent No.5 in tune with the

terms and conditions of the tender notice in question, however, the same was

not taken into consideration by the Committee constituted by the Respondent-

Department for the purpose. It is pleaded that the impugned action of the

Respondent-Department smacks of illegalities and malafides and, thus same

deserves to be set at naught.

03.

Heard the learned counsel for the Petitioners, perused the

pleadings on record and considered the matter.

04.

Admittedly, on the complaint of the Petitioner No.2 qua non-

submission of requisite documents by the Respondent No.5 along with his

tender document, the Respondent-Dep