RIYAZ AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE appellants Writ Petition questioning Director General of Police, Jammu and Kashmir, Srinagars NIT No. 02 of 2009 dated 22.04.2009, inviting sealed Tenders from Original Manufacturers or their Authorized Dealers, having authorization from the manufacturer(s) to quote against the Tender for the supply of various Woolen Items of Police Uniform, indicated as such in the NIT, was dismissed by a learned Single Judge of this Court vide Judgment dated 15.10.2009. He has filed this Letters Patent Appeal questioning the dismissal of his Writ Petition and the Judgment of learned Single Judge.

(2.) RELYING upon Rasbihari Panda etc. v. State of Orissa, reported as AIR 1969 SC, 1081, Ramana Dayaram Shetty v. The International Airport Authority of India, reported as AIR 1979 SC, 1628, Meerut Development Authority v. Association of Management Studies, reported as 2009 (6) SCO, 171 and similar other Judgments on the issue, appellants learned counsel says that the respondents had violated Articles 14 and 19 of the Constitution of India, in depriving the petitioner of his right to compete for the Contract, which the Director General of Police, Jammu and Kashmir, Srinagar had issued permitting only the Original Manufacturers or their Authorized Dealers, to quote their rates for the tendered items, for competition. The action of the State functionaries is questioned as arbitrary, discriminatory and violative of the provisions of the Jammu and Kashmir Financial Code which had been tailor made to exclude the petitioner and other similarly situated persons from the arena of competition, accommodating only a few rather than putting the Tender to competition for all.

(3.) PER contra, supporting the questioned NIT, and the Judgment of the learned Single Judge, learned State counsel says that a conscious decision had been taken by the Director General, for and on behalf of the Governor of Jammu and Kashmir State, for judicious spending of the public money to procure good quality and timely supply of the items, which were needed by the Police Force of the State. The decision had been taken in the best interest of the Department, to avoid shortfalls, backtracking and procurement of sub -standard material/stocks.