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2026 DAILYLAW 1250 (JK)

M/S AL HAYAT SANITATION SERVICES v. UNIVERSITY OF KASHMIR AND OTHERS

WP(C)/1140/2026 · 2026-05-20

M A Chowdhary

Writ Petition (Civil)body2026

Judgment text

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Serial No. 201 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1140/2026 CM(2975/2026) M/S Al-Hayat Sanitation Services Rambagh Payeen, Srinagar Through its Proprietor Sameer Ahmad Sheikh (38 Years) S/O Farooq Ahmad Sheikh R/O Rambagh, Srinagar …Appellant(s)/Petitioner(s) Through: Mr. Mohammad Yawar Hussain, Advocate Vs. 1. University of Kashmir through Vice-Chancellor Dargah, Hazratbal, Srinagar 2. Registrar, University of Kashmir Dargah, Harzatbal, Srinagar 3. Assistant Registrar, Environment and Hygiene University of Kashmir, Hazratbal, Srinagar 4. Joint Registrar Environment and Hygiene, University of Kashmir, Hazratbal, Srinagar 5. Union Territory of J&K through Commissioner Secretary to Govt. Higher Education Department Civil Secretariat, Srinagar/Jammu ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE. ORDER 20.05.2026 1. Petitioner, through the medium of this petition, has challenged Bid No. GEM/2026/B/7525475 dated 12.05.2026, whereby tenders have been invited for outsourcing of Sanitation Assistants, on the ground that the petitioner had earlier been allotted the same work on 12.06.2024 for a period of twelve months commencing from 24.06.2024, having emerged successful in the earlier NIT issued on 25.01.2024. 2. Learned counsel for the petitioner submits that, on the allotment of the work, in favour of the petitioner, pursuant to the aforestated NIT, LOI came to be challenged in WP(C) 1286/2024, and the allotment was stayed by this Court vide order dated 07.06.2024. The aforesaid petition was thereafter withdrawn on 19.02.2026, whereupon the petitioner had approached the respondent-University seeking permission to commence the work in terms of the earlier allotment and also submitted a representation dated 16.03.2026, however, the respondent-University neither permitted the petitioner to commence the work nor considered the representation, and instead issued the impugned Bid document dated 12.05.2026. Aggrieved thereof, the petitioner seeks quashment of the same. 3. Learned counsel for the petitioner submits that the EMD and Bank Guarantee deposited with the respondent-University are still lying with it and prays that the respondent-University be directed to release the said amounts in favour of the petitioner. 4. Since the work earlier allotted had already outlived its tenure of twelve months because of the intervention of this Court, the respondent- University cannot be penalized or restrained from issuing a fresh bid document for the same work, which had originally been allotted to the petitioner in the year 2024 for a period of twelve months, particularly when the petitioner is also at liberty to participate in the fresh tendering process. 5. In such circumstances, the petition is found to be devoid of merit and is, accordingly, dismissed in limine. However, the respondent-University shall release the amounts deposited by the petitioner in his favour, strictly in accordance with law. (M. A. CHOWDHARY) JUDGE SRINAGAR: 20.05.2026 “Adil Ismail”