Key Points: - (!) (!) (!) - (!) (!) (!) - (!) (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!)

What is the maintainability of a writ petition under Article 226 in the absence of locus standi or aggrieved status?

What is the rightful scope of judicial review in tender/contract awards, and whether a blacklisted/debarred agency can participate in bids after the debarment period?

What are the limits on blacklisting/debarment, including duration and due process, in public procurement?

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 2580/2022

CM No. 3213/2023

Reserved on: 18.08.2023

Pronounced on: 31.08.2023

Vinkal Sharma and others

…. Petitioner/Appellant(s)

Through:-

Mr. Rohit Matoo, Advocate.

Mr. Abhishek Gupta, Advocate.

V/s

UT of J&K and others

…..Respondent(s)

Through:-

Mr. Amit Gupta, AAG.

Mr. Abhinav Sharma, Sr. Advocate

with Mr. Sidhant Gupta, Advocate.

Mr. Pranav Kohli, Sr. Advocate with

Mr. Arun Dev Singh, Advocate.

CORAM: HON’BLE MRS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

JUDGMENT

01.

There can be no better prologue to this judgment than the words of

George Orwell: "If you want to keep a secret, you must also hide it

from yourself."

02.

By this petition, the petitioners herein are seeking a fair process of

recruitment with absolute secrecy, not only by the recruiting agency but

also by the agency conducting the examination. They have raised this

Orwellian concern about the alleged possibility of modern technology

being misused and abused by respondent Nos. 2 and 3.

03.

The petitioners, who are 40 in number and are aspirants, h