KULDIP BOOK CENTRE Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner deal with the supply of books to the Education Department and claim that they are the members of the Federation of Publishers and Book Sellers Association in India and thereby also members of good officers Committee (Federation of Publishers and Book Sellers Association in India). It is pleaded that a member of the said association is bound to accept the terms and conditions laid down by the Good Offices Committee and the petitioners being the members thereof are under an obligation to accept the same. The said Good Offices Committee has prescribed a uniform rate of discount at the rate of 10% at the published prices in respect of all books in English, Hindi and other languages: The exceptional categoraies are also specified where discount to the extent of 30% can be given (Annexure -A).

(2.) THE case of the petitioner is that respondent No.2 (Director School Education, Jammu) in his capacity as "Convenor of the Divisional Purchase Committee, School Education Department, Jammu issued (tender notice) NIT No. 02 -DSEJ of 1996 dated 27.7.1996 whereby he invited duly quoting discount over an above the discount recommended by the Good Offices Committee. Respondent No.2 has intentionally kept loopholes in the said tender for the supply of even those books which have not been categorised as "standard books" at the National and state level.

(3.) THE petitioner have challenged the views of the above said tender notice on the following grounds: -