PARKASH COTTON INDUSTRIES Vs. STATE

JUDGEMENT

(1.) Writ Petition has been filed seeking amendment/recall/deletion of Clause 1 of the Eligibility Criteria for tender reference No. JKMSCL/Cotton and Adhesive Plaster/2017/128 dated 18.01.2017, ID 2017_HME_36448_1 whereby only firms registered with the Jammu and Kashmir Medical Supplies Corporation (hereinafter referred to as the JKMSCL) have been permitted to participate in the tender on the ground that the same is de hors the rules and regulations of JKMSCL and in the alternative, for the issuance of a Writ of Mandamus commanding alteration/modification of the Clause requiring registration with JKMSC in so far as it mandates holding of a three years market standing as condition precedent for the registration of the firms on the ground that the clause was illegal, arbitrary, against Government Policy and circulars, besides actuated with bias, in the alterative for the issuance of a Writ of Certiorari for quashing tender reference No. JKMSCL/Cotton and Adhesive Plaster/2017/128 dated 18.01.2017 on ground's of it containing Clauses which were arbitrary, discriminatory and actuated with bias.

(2.) Relevant Clause as is contained in Instructions to Bidders at page No. 24 of the paper-book reads as under :-

(3.) Guidelines for Registration/Empanelment are contained in page No. 68 of the paper book and read as under:-