Excelsior Correspondent
Srinagar, Mar 7: High Court today upheld the tender notice for carriage of troops and equipment issued by the Zonal Police Headquarters for subordinate units of Kashmir Zone with the observations that the shifting of tendering process is not illegal.
Justice D S Thakur dismissed the plea of M/s Galaxy Transport Agencies challenging the tendering process as adopted by the police department. Court said, there is no specific challenge to the policy decision taken by the Government to invite bids through GeM Bid portal. The shifting of the tendering process from one portal to another portal by itself, cannot be said to be illegal or arbitrary, especially when the said policy is sought to be implemented uniformly throughout the Union Territory of J&K.
“In the absence of a specific challenge to the Government Circular and the policy and considering the stand of the respondents that in cancelling the earlier bid of the petitioner-Agency, they were only following the policy to invite bids through GeM Bid portal, in my opinion, the decision cannot be said to be arbitrary and illegal. In the ultimate analysis, the petition is found to be without any merit and is, accordingly, dismissed”, Justice Thakur concluded.
The petitioner-Agency claimed before the court that it is a registered motor vehicle transport undertaking and owns a fleet of commercial vehicles with vast experience in the field of supplying commercial vehicles to Government and semi Government establishments, the official respondents it is stated that for the financial year 2021-22, issued NIT No. 01 of 2021 dated 26.03.2021 inviting online bids in a two bid system from eligible transports and firms for supply of various types of commercial vehicles without fuel.
It is alleged that the State Level Purchase Committee instead of approving the rates addressed a communication in which it was directed that the hiring of commercial vehicles in the units of Kashmir Zone for the financial year 2021- 22 be placed through the GeM Bid portal. As a consequence of the directions issued by the State Level Purchase Committee, the respondent-Department invited bids through the GeM Bid portal vide their notice dated 20.09.2021, which has been challenged in the instant petition.
The stand of the respondents, in opposition to the plea of the petitioner-Agency is that the decision which is under challenge was based upon a policy decision taken by the Government in terms of Circular No.A/GeM/2020-III-(s)-917/J dated 08.01.2021 and the the stand taken is that the they were only following the policy decision and the guidelines issued by the UT of J&K and to bring the process of tendering in accord with the general procedure for placing orders for procuring various supplies.
Justice Thakur said the scope of Judicial review in policy matters is no longer res integra and the Court would not ordinarily interfere with the policy decision of the executive unless the same can be faulted on the grounds of malafides, unreasonableness, arbitrariness or unfairness, in which case the policy would render itself to be declared unconstitutional.
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