HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2436/2025 CM No. 5629/2025 Manoj Kumar. …..Appellants Through: Mr. Achal Sharma, Advocate Vs UT of J&K and ors. .…. Respondents Through: Mr. Raman Sharma, AAG with Ms. Saleeqa Sheikh, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 03.09.2025 1. Although the petitioner has raised many grounds in this petition for challenging E-tender No. 7/2025 issued by respondent No. 1 for manning of parking places in Government SMGS Hospital, Jammu (for the year, 2025-26), but his main grievance is with regard to incorporation of the condition in ‘Clause 5 (10)’ of the E-tender document, according to which a bidder who has already worked or is working in the Government Medical College and Associated Hospitals, Jammu has to submit the NOC from the concerned Medical Superintendent. 2. Learned counsel for the petitioner has submitted that this condition has been incorporated just to oust the petitioner from participation because he is presently operating the parking space in SMGS Hospital, Jammu in terms of earlier contract/extended contract executed between the parties. 3. Issue notice. Ms. Saleeqa Sheikh, Advocate accepts notice on behalf of the respondents. 4. Mr. Raman Sharma, learned AAG submits that an employer has all the discretion to incorporate any condition in the tender document and the petitioner cannot raise any grievance Sr. No. 142 2 WP (C) No. 2436/2025 about the same. Therefore, the contention of the petitioner is not tenable. 5. Learned counsel for the petitioner has submitted that even though the petitioner has already cleared all the outstanding dues of the respondents still then, the concerned Medical Superintendent is not issuing the NOC in his favour as a result whereof, the petitioner is unable to fulfill the impugned condition. 6. Having regard to the nature of grievance projected by the petitioner, the petition can be disposed of by extending appropriate directions to the respondents. 7. Accordingly, the writ petition is disposed of by giving liberty to the petitioner to approach the Medical Superintendent, SMGS Hospital, Jammu by way of a representation for grant of NOC and in case, the petitioner has cleared all the dues, the Medical Superintendent of SMGS Hospital, Jammu shall issue NOC in his favour forthwith so as to enable him to participate in the bid. 8. Disposed of. (SANJAY DHAR) JUDGE JAMMU 03.09.2025 Tarun/PS Whether the order is speaking? Yes Whether the order is reportable? No Mahavir Singh 2025.09.09 15:52 I attest to the accuracy and integrity of this document