M/S. GALAXY TRANSPORT AGENCIES, CONTRACTORS, TRADERS, TRANSPORTS AND SUPPLIERS Vs. M/S. NEW J.K. ROADWAYS, FLEET OWNERS AND TRANSPORT CONTRACTORS AND OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal, the Inspector General of Police, Kashmir Zone, Zonal Police HQR's Kashmir, Srinagar ["ZPHS"], being Respondent No. 4 before us, invited online tenders (e-tenders) vide e-N.I.T. No. 01 of 2020 dated 18.02.2020 ["N.I.T."] from reputed transporters, registered firms/associations for the supply of various types of commercial vehicles (without fuel) for the carriage of troops and equipment for the Financial Year 2020-2021. Pursuant to the N.I.T., 4 parties, namely, M/s Associated Contractors; M/s Quareshi Transport Co.; M/s Galaxy Transport Agencies, Contractors, Traders, Transports and Suppliers ["Appellant"]; and M/s New J.K. Roadways, Fleet Owners and Transport Contractors ["JK Roadways"] submitted their bids for consideration and the same were uploaded through an e-tendering system. The tender process consisted of a technical bid and a financial bid. The Tender Opening Committee met on 11.03.2020 and found that JK Roadways, Respondent No. 1 herein, and Associated Contractors did not meet the qualifying requirements of the technical bid, leaving Quareshi Transport Co. and the Appellant, who were considered technically eligible for the allotment of the contract. The Appellant's financial bid being the lowest, vide an order dated 30.03.2020, the Appellant was allotted the contract for the supply of commercial vehicles for the Financial Year 2020-2021.

(3.) A writ petition was filed by JK Roadways seeking the quashing of the allotment of the contract in favour of the Appellant. Before the learned Single Judge of the High Court of Jammu and Kashmir at Srinagar ["Single Judge"], three contentions qua the Appellant's technical eligibility were made by JK Roadways, which were decided in the following manner, by a judgment dated 30.06.2020: