GALAXY TRANSPORT AGENCIES Vs. UT OF J&K

JUDGEMENT

(1.) With a view to understand the context in which the present controversy has arisen, the material facts are briefly narrated as under:-

(2.) The petitioner claims that it is a registered motor vehicle transport undertaking and owns a fleet of commercial vehicles with vast experience in the field of supplying commercial vehicles to Government and semiGovernment establishments, the official respondents it is stated that for the financial year 2021-22, issued NIT No. 01 of 2021 dtd. 26/3/2021 inviting online bids in a two bid system from eligible transports and firms for supply of various types of commercial vehicles without fuel. This was required by the Zonal Police Headquarters for subordinate units of Kashmir Zone for carriage of troops and equipments etc.

(3.) Only three bidders participated in the tendering process and out of the three only the petitioner was declared as technically qualified. Vide communication dtd. 14/5/2021, approval of opening of financial bids was sought by respondent No. 4 from respondent No. 2, which was accorded by respondent No. 2 on 28/5/2021 for opening the financial bids. The petitioner claims that the rates of some of the vehicles quoted by the petitioner were found to be on the higher side, pursuant to which negotiations were held between the petitioner and the respondents. The respondents thereafter addressed a communication to respondent No. 4, seeking approval of rates from the State Level Purchase Committee. It is alleged that the State Level Purchase Committee instead of approving the rates addressed a communication in which it was directed that the hiring of commercial vehicles in the units of Kashmir Zone for the financial year 2021- 22 be placed through the GeM Bid portal. This is a communication which is impugned in the present petition. As a consequence of the directions issued by the State Level Purchase Committee, the respondents invited bids through the GeM Bid portal vide their notice dtd. 20/9/2021, which too has been impugned in the present petition.