GHULAM MUSTAFA BATT Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner is aggrieved of the participation and acceptance of the technical bid of the private respondent No. 7 and subsequently also of acceptance of the final bid of the private respondent in pursuance to e-NIT No. 3 of 2021-22/East dtd. 9/6/2021 and therefore preferred two Writ Petitions-one after acceptance of technical bid of the respondents and the other after the final bid of the petitioner was accepted by the respondents. The challenge in the two petitions by the petitioner is more or less on the similar grounds and that is why both the petitions are taken up for consideration together by this Court.

(2.) The basic claim put forth by the petitioner for all practical parties in both the petitions is that the private respondent was not eligible to bid in the tender as he did not fulfill the terms and conditions of the e-NIT and the relevant Clauses of the Regulations. The respondent was not eligible to participate in the tender notice because of his being not eligible as Class A Contractor. The grant of Class A Contractor certificate and the other certificates issued in favour of the respondents is illegal as the same were issued in order to make him eligible for participation in the tender.

(3.) The objections stand filed in both the writ petitions by the official respondents as well as the private respondent No. 7. Indeed, the respondents have denied the allegations made in both the petitions of arbitrariness and alleged illegality committed by the official respondents. The private respondent was eligible to participate in the tender and the respondent No. 7 being the lowest tenderer his bid was accepted is the crux of the stand taken by the respondents. The certificate issued in favour of the respondent No. 7 is as per Rules and no arbitrariness is to be found in the manner certificates/documents are issued to the respondents is the stand taken in the objection.