ZAHOOR AHMAD KHAN Vs. UT OF J&K

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The petitioner has filed the instant writ petition challenging Bid No.GEM/2022/B/2606555 dtd.:4/10/2022, whereby tenders were invited for execution of contract for supply of 87-90 HP, 4WD- Tractors with heated cabin as per the terms and conditions, technical specifications, commercial terms and conditions. It is submitted that condition No.7 incorporated in the tender document, which prescribes the eligibility criteria of the bidders, is tailor made to benefit a limited class of persons/companies. It has been submitted that the circulars issued by CVC provide that the prequalification criteria should neither be very stringent nor very lax to facilitate the entry of bidders. It has been further submitted that on an earlier occasion the respondents had invited bids vide GEM/2022/B/2115832 dtd. 19/4/2022 for supply of same product with similar condition relating to eligibility criteria and the petitioner filed the writ petition bearing WP(C) No.968/2022 challenging the action of the respondents. According to the petitioner, an order came to be passed on 13/5/2022, whereby the respondents were directed to open the bids but they were directed not to finalize the contract by next date. The writ petition is stated to be still pending before this Court. It is contended that in order to circumvent the aforesaid order of the Court, the respondents cancelled the bid dtd. 19/4/2022 and issued fresh bid, which is under challenge in the instant writ petition.

(3.) According to the petitioner, the illegal action of the respondents has violated the fundamental right of the petitioner to participate in the bidding process and that action of the respondents is arbitrary and irrational. It is further contended that the respondents have acted in a mala fide manner in order to bestow favour upon their favorites.