Excelsior Correspondent
SRINAGAR, Sept 28: High Court has upheld the tender policy and guidelines of Ministry of Defence (MoD) for providing shops in Air Force Station to ex-service men and war-widows of armed forces.
The tender policy and guidelines of Ministry of Defence Government of India were challenged by the aggrieved persons which were allotted to them following process of issuing tenders and in terms of the tender policy, the authorities of Air Force floated fresh tenders inviting bids only from ex-service men, war-widows of armed forces and paramilitary forces in Air Force Station Srinagar.
Facing exclusion from participating in the tender process, the petitioners assailed the tender policy, its guidelines and the fresh tender notice on the ground that 100 percent reservation in favour of ex-service men and others is in ultra-vires the constitution as the policy has taken away the right to participate in the tendering process.
Justice Sanjeev Kumar while rejecting the claim of the petitioners for participating in the tendering process said that as per the policy issued by MoD, the Air force authorities have floated the fresh tendering notice inviting only from ex-servicemen, war-widows of armed forces and in such eventuality the impugned tendering notice cannot be found fault with, if the court hold the policy in question issued by MoD valid and Constitutional.
“I am in full agreement with the decision of High Courts of Punjab & Haryana and Delhi. The object and purpose of communication of MoD with regard to revised tender policy is laudable”, Justice Kumar recorded.
Court further added that the policy issued by the GoI as a social welfare measure to provide financial support to war-widows, widows of defence personnel killed on duty and this is recognition of services rendered by these category of persons to the nation and to extend them an assurance that they and in their absence, their dependents would be well taken care of.
“I find no merit and substance in the challenge of the petitioners to the impugned revised policy of the Ministry of Defence for the allotment of regimental shops at the Air force station Srinagar”, Justice Kumar concluded.
Court has, however, made it clear that the goods of petitioners which are still lying in the possession of Air Force authorities shall be returned to them so as to avoid unnecessary loss to the petitioners.
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