MOHAMMAD RAFI SHEIKH v. UNION TERRITORY OF J AND K AND ORS. (HEALTH AND MEDICAL EDUCATION)
WP(C)/326/2025 · 2025-02-19
Rahul Bharti
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6327 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6327 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S.No.57 Supp.List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 326/2025 CM(754/2025) MOHAMMAD RAFI SHEIKH …Petitioner(s)/Appellant(s)
Through: Mr. Qazi Ayaz, Advocate
Vs.
UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through:
CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER 19-02-2025
1. Principal/Dean Government Medical College, Baramulla came to float an e-Tender Notice Ref. No. 20-GMCB of 2024 dated 20-11-2024 inviting offers for providing service of washing/ironing/dry cleaning etc. of linen/blankets/curtains, etc in the Associated Hospital, GMC Baramulla from the concerns meeting the eligibility of being registered concerns under the Shops and Establishment Act for the business of laundry/dry cleaning services.
2. In response to the said tender notification, five concerns came to submit their respective tenders one of which being that of the petitioner.
3. Learned counsel for the petitioner submits that the bid submitted by the respondents No. 5 and 6
representing concerns M/s Khalida Begum and M/s Albanit and Co., are not meeting the requirement of registration under the Shops and Establishment Act, thereby leaving only three competitors with their respective bids.
4. Learned counsel for the petitioner submits that the respondents No.5 and 6 are not meeting the requirement and as such in order to frustrate the entire exercise from being taken to logical end, the Authority at the end of Principal Government Medical College, Baramulla has resorted to a shortcut by cancelling the e-Tender Notice Ref. No. 20-GMCB of 2024 dated 20-11-2024 which is all malafide actuated and driven.
5. The petitioner has suppressed the very vital fact from the notice of this Court that the petitioner is the sitting contractor providing service for the very same purpose and as such the cancellation and frustration of the e-Tender Notice Ref. No. 20- GMCB of 2024 dated 20-11-2024 is meant to perpetuate by default the continuation of the petitioner as service provider and this is where the
petitioner has engineered the entire game plan to come up with the writ petition which lacks bonafide, as such, the writ petition is dismissed.
(RAHUL BHARTI)
JUDGE
SRINAGAR: 19-02-2025 Mubashir