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2018 DIGILAW 635 (JK)

New Kissan Milk Food v. State of J&K

2018-08-14

SANJAY KUMAR GUPTA

body2018
JUDGMENT : 1. ``Through the instant writ petition, petitioner seeks the following reliefs:- “Writ of certiorari seeking quashment of the communication dated 23rd July, 2018 issue via-e-mail by the respondent No. 2 whereby the Technical Bid submitted by the petitioner unit has been rejected for the reason “Not Fortified as verified from Department of Agriculture Coop. JM” being contrary to the Food Safety and Standards Act (Fortification of Foods Regulations) 2016, re-operationlised w.e.f. 19.04.2018. Mandamus commanding the respondents to open the Financial Bid of the petitioner for the item namely Mustard Oil with Vitamin A & D pursuant to E-Nit No. 04 of 2018 dated 27.06.2018. Prohibition restraining the respondents from allotting the contract for supply of Mustard Oil with Vitamin A & D till the financial bid of the petitioner is not opened and evaluated. Mandamus commanding upon the respondents to allot the contract for supply of Mustard Oil to the lowest bidder only after opening and evaluating the financial bid of the petitioner.” 2. The petitioner claims to be the proprietor of M/S New Kissan Milk Foods, which is a small-scale Enterprise (Manufacturing) at Lane No. 6 SIDCO Industrial Complex, Bari Brahmana, Jammu. The Unit of the petitioner is registered with District Industries Centre, Certified by ISO, GST, Sales Tax, FSSAI, Registered with the Government of India, Trade Marks Registry under Trade Marks Act, 1999, registered with Government of India, Rural Development Department, Directorate of Marketing and Inspection under the provisions of the Agricultural Produce (Grading & Marketing) Act 1937 (AG Mark). It is stated that product i.e., Mustard Oil is registered as Fortified product by the Food Safety and Standards Act, 2006). 3. Learned counsel for the petitioner states that respondents invited tenders/NIT dated 27.06.2018, by virtue of which e-tenders were invited from Government/Semi Government/Original Manufactures and Authorized distributors of manufactured/ registered firms/suppliers for supply of Nutrition items for ICDS project of Kashmir Division except Leh and Kargil for the year 2018-2019. It is stated that petitioner-Unit submitted its bid to item figuring at S. No. 3 in the E-NIT i.e., Mustard Oil (with vitamin A & B) with the specification AGMARK Grade-1 as per the Vegetable Oil Grading & Marketing Rules 1955. It is further stated that on 11.07.2018 petitioner submitted its technical bid via e-mail to the respondents. It is stated that petitioner-Unit submitted its bid to item figuring at S. No. 3 in the E-NIT i.e., Mustard Oil (with vitamin A & B) with the specification AGMARK Grade-1 as per the Vegetable Oil Grading & Marketing Rules 1955. It is further stated that on 11.07.2018 petitioner submitted its technical bid via e-mail to the respondents. The respondents informed the petitioner via e-mail dated 19.07.2018 that the bid submitted by him has been admitted by the Committee. Thereafter, petitioner received an e-mail dated 23.07.2018 wherein it was informed to the petitioner that the bid of the petitioner for the tender e-NIT No. 04 of 2018 has been rejected during Technical Evaluation by the duly constituted committee for the reason ‘Not fortified as verified from Department of AGRI Coop.JM.” It is further stated that on 24.07.2018, petitioner received a letter from the State Mission, wherein the clarification was sought from him as to whether the petitioner has any authorization from any competent authority for fortification of Mustard Oil and Soya Refined Oil. It was also conveyed that Sr. Marketing Office, Directorate of Marketing and Inspection, Ministry of Agriculture and Corporation, 61-A, 2nd Extension, Gandhi Nagar Jammu has intimated that no Unit in J&K is allowed to produce double fortified Mustard Oil and Soya Refined Oil. It is stated that petitioner vide communication dated 24.07.2018 clarified that the petitioner has been authorized by Food Fortification Resource Centre launched by Food Safety and Standards Authority of India. It is stated that food fortification Resource Centre of FSSAI is the competent authority and the said authorization has already been submitted along with the tender document. 4. The petitioner is aggrieved of the impugned order dated 23.07.2018, whereby his bid for the tender e-NIT No. 04 of 2018 has been rejected during Technical Evaluation by the duly constituted committee. 5. During the course of arguments, learned counsel for the respondents has furnished a photocopy of Re-tender E-NIT No. 11 of 2018 dated 13.08.2018, whereby the State Mission Director ICDS J&K has invited fresh tenders, the same is taken on record. 6. Faced with the aforesaid situation, Mr. Pranav Kohli, learned counsel for the petitioner seeks permission to withdraw the instant writ petition with liberty to participate in the fresh tendering process. 7. 6. Faced with the aforesaid situation, Mr. Pranav Kohli, learned counsel for the petitioner seeks permission to withdraw the instant writ petition with liberty to participate in the fresh tendering process. 7. In this view of the matter, the instant writ petition is dismissed as withdrawn with liberty as prayed by learned counsel for the petitioner. In case petitioner participates in the aforesaid fresh tender process, the respondents shall consider the fortification certificate issued by the competent authority, if the same is required for tendering process and qualifies the conditions as laid down in the NIT. 8. The writ petition alongwith connected MP stands disposed of in the above terms.