JOINT VENTURE ACE INFRA-TECH, PVT LTD , JAMMU AND MATPROP TECHNICAL SERVICE, COCHIN Vs. STATE OF J & K AND OTHERS

JUDGEMENT

(1.) The petition is admitted for hearing. With consent of the learned counsel for the parties, the matter is heard finally.

(2.) In this petition, the petitioner, inter alia, seeks writ of certiorari for quashment of Notice dated 17.06.2017 issued by respondent No.3 by which e-NIT No.10 of 2015 dated 21.11.2015 has been cancelled. The petitioner also seeks quashment of the decision taken by the Departmental Purchase Committee dated 15.06.2017 as well communication dated 16.06.2017 issued by respondent No.2, on the ground that the same are illegal, arbitrary and unjustified. The petitioner also seeks a direction to the respondents to refer the case of petitioner's firm before State Level Purchase Committee for financial negotiations and for allotment of the contract.

(3.) Facts giving rise to the filing of writ petition briefly stated are that in response to e-NIT dated 21.11.2015, petitioner's firm along with four other firms submitted their tenders for allotment of contract in question. The Technical bids of all the five bidders were evaluated by the Departmental Purchase Contract Committee. The Technical bid submitted by the petitioner was found fit. Accordingly, the financial bid of the petitioner alone was opened. Thereafter, the aforesaid Committee in its meeting held on 15.06.2017 came to the conclusion that rate quoted by the single tenderer is on higher side. Accordingly, a decision was taken unanimously to cancel the e-NIT and to issue a fresh tender. In the aforesaid factual background, the petitioner has approached this Court.