VALLEY ENGINEERING WORKS Vs. STATE OF J&K

JUDGEMENT

(1.) Since the subject matter of both the writ petition is same, therefore, both are taken up for disposal together and this judgment shall govern both.

(2.) The petitioner has invoked the writ jurisdiction of this Court in terms of Article 226 of the Constitution to seek a writ of certiorari for setting aside the minutes of the DLPC Meeting held on 7/12/2018 at Directorate of Horticulture, Kashmir; the supply order no. DHK/Pur/2019/144777-78 dtd. 4/1/2019. Writ of mandamus is also sought for to the effect that respondents be directed to issue a fresh global tender notice for installation of high tech green houses in accordance with the policy framed by the Government of J&K for development of industries in J&K State; to adopt the policy bearing Government Order No. 21-Indu of 2004 dated 2701.2004, 58-Ind of 2016 dtd. 15/3/2016, 129-Indu of 2017 dtd. 7/6/2017 and 180-Ind of 2018 dtd. 16/7/2019 while issuing the global tender notice for installation of High Tech Poly green houses in the Kashmir region, on the grounds taken in the memo of writ petition.

(3.) The case of the petitioner is that being a registered supplier of engineering works, the petitioner responded to, amongst others, the Global Tender Notice order floated by respondent no. 2, for establishment of High-Tech Green House at Fruit Plant Nursery Zawoora, Srinagar, bearing E-NIT No. 28 of 2018-19 dtd. 3/11/2018. In the tender process, M/s Saveer Biotech Limited; M/s Rajdeep Agri Product Pvt. Ltd and M/s Sheel Biotech Limited were declared successful bidders. Being aggrieved of the selection of the above three tenderers, the petitioner filed a representation before the concerned authorities which, however, was not considered, constraining the petitioner to file a writ petition, bearing OWP no. 2236/2018, wherein, this court, on consideration of the matter, in terms of order dtd. 4/12/2018, while issuing notice to the other side directed the Director, Horticulture, Srinagar to consider the representation, if any, filed by the petitioner and report consideration to this court. The respondents do not appear to have taken any decision in the matter, constraining the petitioner to file the present writ petition inter alia on the grounds that the bids were opened by the respondents in violation of the policy framed by the Government of Jammu and Kashmir notified in the shape of a Government Order No. 21-Ind of 2004 dtd. 27/1/2004 which lays down in clause IV that the purchase committee of the Government Department shall include a member from the Directorate of Industries and Commerce not below the rank of the General Manager. It is pleaded in the writ petition that in the instant case, the directorate of Industries and Commerce was represented by Functional Manager and not the General Manager, therefore, the Government Order supra stood violated rendering the whole tendering process as null and void.