Research › Search › Judgment

J&K High Court · body

2025 DIGILAW 164 (JK)

Jk Gases Through Mohammad Ramzan Dar v. Govertment of J And K And Ors (Health And Medical Education)

2025-03-25

JAVED IQBAL WANI

body2025
ORDER : 1. The issues involved in the instant petitions are akin and analogues to each other, as such, are being taken up for disposal together with the consent of appearing counsel for the parties at this stage. Facts ? The petitioner herein claim to be partnership concern registered with District Industries Centre, Budgam and a license holder of manufacturers, sale and distribution of drugs other than specified in [Schedule C,C(1) and X). The petitioner claims to have established a unit in furtherance of the aforesaid license granted him at Rangreth Industrial Estate of manufacturer for sale and distribution of medicinal/cryogenic oxygen. ? According to the petitioner the respondent Institute issued e-NIT bearing No. SIMS 325 (P 1 st ) Tender 02 of 2020 dated 14.07.2020 inviting bids for supply of medicinal oxygen, in response to which the petitioner herein states to have responded and participated therein the said tendering process and consequently states to have been allotted the contract notwithstanding the fact that the petitioner was declared L-2 bidder, in view of the better quality of medicinal oxygen manufactured by the petitioner herein which allotment came to be accepted to both the bidders including the petitioner herein and an allotment order in this regard came to be issued by the respondent Institute in favour of the petitioner bearing No. SIMS 325-Gases-2021-3054-58 dated 11.05.2021. ? According to the petitioner the contract was allotted to him for a period of two years to be reckoned from 01.02.2021. ? According to the petitioner the respondents extended the period of contract which otherwise outlived its life on 01.02.2023 in terms of extension order dated 31.01.2023 while extending the term of contract for a further period of 03 months followed by further extension issued vide order dated 15.05.2023 extending the period of contract for further period of 03 months. ? It is next stated by the petitioner that during the currency and operation of extended period of contract pursuant to order dated 31.01.2023, the respondent Institute issued a fresh NIT dated 22.02.2023 inviting tenders/bids in respect of the same supplies which were being manufactured and supplied by the petitioner to the respondent Institute, aggrieved whereof the petitioner approached this Court and maintained WP(C) No.468/2023 wherein a notice came to be issued calling upon the respondents to file response to the said petition. ? ? It is the further case of the petitioner that during the pendency of said petition, the respondents proceeded with the fresh NIT dated 22.02.2023 impugned in WP(C) No.468/2023 supra by the petitioner and declared the respondents 4 and 5 as L-1 in different items, aggrieved whereof the petitioner maintained WP(C) No. 1915/2023 on the premise that the respondents could not have proceeded with the fresh tendering process during the currency and operation of extension of allotment in favour of the petitioner dated 31.01.2023 inasmuch as in view of his non-participation in the fresh tendering process and an interim order came to be passed by this Court on 02.08.2023 in the said petition staying the operation of fresh NIT dated 22.02.2023. 2. The petitioner has maintained the instant petitions firstly; on the ground that the NIT in question dated 22.02.2023 came to be issued during the operation of extension of allotment order dated 31.01.2023 in violation of its rights and interests and secondly; that the petitioner in view of currency of extension order dated 31.01.2023 could not participate in the fresh tendering process having thus, resulted into infringement of his right to consideration in the said fresh tendering process. 3. Objections to both the petitions has been filed by the official respondents wherein petitions are being opposed. It is, however, being admitted by the official respondents that the petitioner herein came to be allotted the contract pursuant to initially tender notice for a period of 02 years which contract after expiry of period stipulated in the contract was extended on 31.01.2023 and thereafter on 15.05.2023 for further period of 03 months respectively. It is also admitted by the official respondents that during the operation of the said extension order fresh tender notice dated 22.02.2023 came to be issued and proceedings therein came to be undertaken while further stating that the petitioner did not participate therein the said tendering process. 4. Respondent 4 in WP(C) No.1519/2023 in his objections to the petition has stated that he being the qualified bidder responded to fresh tender notice dated 22.02.2023 and participated therein the said process and stands declared as L1. 5. Respondent 5, however, has not filed any response to WP(C) No.1519/2023. Heard counsel for the parties and perused the record. 6. Mr. Respondent 4 in WP(C) No.1519/2023 in his objections to the petition has stated that he being the qualified bidder responded to fresh tender notice dated 22.02.2023 and participated therein the said process and stands declared as L1. 5. Respondent 5, however, has not filed any response to WP(C) No.1519/2023. Heard counsel for the parties and perused the record. 6. Mr. Shafqat Nazir, Advocate, appearing counsel for the petitioner while making his submissions would contend that the respondent Institute even has extended the initial contract allotted to the petitioner latest in terms of order dated 15.12.2023 whereunder the contract period has been extended till further orders and that pursuant to the said extension order the petitioner herein is making regular supplies to the respondent Institute. 7. Mr. Nazir, would further submit that in presence of the said position obtaining in the matter, the official respondents could not have proceeded with the fresh impugned tender notice dated 22.02.2023 and that in the event the respondent 4 has been declared as L-1, pursuant to the said fresh NIT dated 22.02.2023, the same would not clothe the said respondent 4 with any right enforceable in law. 8. Mr. Rais ud din Ganie, Dy.AG, appearing counsel for the respondent Institute would not dispute the submissions of Mr. Shafqat Nazir, appearing counsel for the petitioner insofar as the issuance of initial allotment order pursuant to initial NIT is concerned and also further extensions granted thereof. 9. Mr. Showkat Ali Khan, appearing counsel for the respondent 4 would oppose the petition on the premise that respondent 4 has been validly declared as L-1 by the official respondents and thus, a right has accrued in his favour in law. 10. Having regard to the issues involved in the petition inasmuch as the rival submissions of the appearing counsel for the parties inasmuch as the element of public interest involved in the matter, it is deemed appropriate to dispose of the petitions as following, while taking into consideration that the petitioner has not been able to participate in fresh impugned NIT as also the legal position that mere declaration of L-1 in law would not confer any right upon the respondent 4 herein. 11. 11. Accordingly, the petitions are disposed of as follows: - i) Respondent Institute shall issue fresh tender notice qua medicinal/cryogenic oxygen and the petitioner as well as the respondent 4 herein along with any/all others shall be at liberty to respond thereto the same subject to eligibility that may be prescribed therein the fresh tender notice and commence and conclude the same preferably w.e.f. 01.04.2025 upto 30.05.2025. ii) Till then the petitioner herein shall continue to make supplies of medicinal/cryogenic oxygen to the respondent Institute pursuant to extension order dated 15.12.2023 till such time fresh allotment is made pursuant to fresh tendering process as directed above. iii) For the aforesaid reasons the fresh E-NIT No.SIMS 325(P 1 st Tender 92 of 2023 dated 22.02.2023 including the proceedings initiated therein shall be deemed to have been quashed. 12.Disposed of.