Jammu & Kashmir High CourtM/S Fazal Rehman Dar vs Ut Of Jammu And Kashmir And Others on 9 March, 2023Sr. No. 149\n\n       HIGH COURT OF JAMMU & KASHMIR AND LADAKH\n                       AT JAMMU\n\n\n                                                 WP(C) 585/2023\n\nM/S Fazal Rehman Dar                                            ..... petitioner (s)\n\n                                Through :- Mr. R.K.Gupta Sr. Advocate with\n                                           Mr. Jugal Kishore Gupta Advocate.\n\n                          V/s\n\nUT of Jammu and Kashmir and others                             .....Respondent(s)\n\n                                Through :- Ms. Pallavi Sharma Advocate vice\n                                           Mr. Ravinder Gupta AAG.\n\nCoram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE\n\n\n\n                                   ORDERThe grievance of the petitioner as projected in this petition is that in\n\nresponse to e-NIT No. 68 of 2022-23 dated 19.01.2023, the petitioner\n\nsubmitted its bid for the work indicated at S.No.3 of the e-NIT. Learned Senior\n\nCounsel assisted by Mr. Jugal Kishore Gupta, Advocate submits that as per\n\nclause 6.5 of the e-NIT, the bidder was to ensure to upload scanned copy of all\n\nthe documents mentioned in the checklist which would include the copies of\n\ncomplete ITRs for the last five financial years. Referring to clause 23(f) of the\n\nInstructions to Bidders, it is submitted that the respondents were to upload the\n\nresult of technical evaluation on JKtenders.gov.in following which the bidder\n\nhaving any objection was entitled to submit his objections, if any, in writing to\n\nthe tender accepting authority. The said authority was under an obligation to\n\nconsider the objections before opening of the financial bid. It is submitted that\n\nthe result of technical evaluation was uploaded on the official website on24. 02.2023 and the petitioner having found that many of the bidders had failed2to upload their complete ITRs for the last five years and, therefore, ineligible\n\nto participate in the tender process, made written objections to the tender\n\naccepting authority on 26.02.2023.The grievance of the petitioner is that despite lapse of more than ten\n\ndays, the tender accepting authority has not decided the objections submitted\n\nby the petitioner and it is apprehended that the tender accepting authority may,\n\nwithout considering the objections, open up the financial bid.Heard. Notice. Ms. Pallavi Sharma Advocate appearing vice\n\nMr. Ravinder Gupta AAG accepts notice on behalf of respondent No.1 and 2.\n\nNow notice shall be issued to respondents No. 3 to 6, returnable within four\n\nweeks. Requisite steps for service within two weeks.List along with WP(C) No. 567/2023.In the meanwhile, it is provided that respondent No.2 shall not open up\n\nthe financial bid till the objections filed by the petitioner are considered and\n\ndisposed of by passing a speaking order. This, however, shall be subject to the\n\ncondition that the objections have been filed by the petitioner within the time\n\nstipulated in the e-NIT.(SANJEEV KUMAR)\n                                                          JUDGE\nJammu\n09.03.2023\nSanjeev