GH. JEELANI GANAI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has filed this writ petition for issue of certiorarised mandamus to command the respondents to allow the petitioner to supply the rate contracted Drugs till the subsistence of the contract, viz. 10.09.2015, or till the new rate contract is approved by the competent authority.

(2.) Respondent no. 4, the Chief Medical Officer, Kupwara, in his capacity as the Convener, District Health Society, in terms of a notice issued in that behalf, which does not bear any no. or date, invited tenders to reach him for supply of Drugs, equipments, surgical and other items for Health Department, Kupwara, to reach him on or before 07.08.2014 upto 2:00 PM. In terms of clause 23 of the NIT, the rate contract was to remain valid for one year from the date of approval of the rate contract or till new rate contract was approved by the Distract Purchase Committee, Kupwara. Petitioner was one of the tenderers.

(3.) In terms of Authorisation Letter dated 10.09.2014, respondent no. 4 authorised the petitioner to supply the items as per the list enclosed therewith on the terms and conditions mentioned therein. This Authorisation Letter makes reference to the Tender Notice No. NRHM/Kup/1952-56 dated 01.09.2014. It is not comprehensible how is it shown to have been issued on 01.09.2014 when the tenders were to reach the issuing authority of the NIT by 07.08.2014. Be that as it may, the condition as contained in clause 23 of the NIT that "the rate contract will remain valid for one year from the date of approved rate contract or till new rate contract is approved by the DPC Kupwara", was reiterated at clause 15 of the Authorisation Letter.