Manoj Kumar Vs Ut of J and K Th Chairperson Purchase Committee Gpvt Medical College Jammu and Others — J&K HC (2025) — LawSathi Research

Manoj Kumar Vs Ut of J and K Th Chairperson Purchase Committee Gpvt Medical College Jammu and Others — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the Medical Superintendent, SMGS Hospital, Jammu with a representation for grant of NOC; with a direction that, if all dues are cleared, the NOC shall be issued forthwith to enable the petitioner to participate in the bid.

Issue for consideration

Whether the condition in Clause 5 (10) of E-tender No. 7/2025, requiring a bidder who has already worked or is working in the Government Medical College and Associated Hospitals, Jammu to submit an NOC from the concerned Medical Superintendent, is valid and sustainable, the petitioner alleging it was incorporated merely to oust him from participation. +1 more

Court's answer

The writ petition is disposed of, with liberty to the petitioner to approach the Medical Superintendent, SMGS Hospital, Jammu by way of a representation for grant of the NOC, rather than the Court striking down or upholding Clause 5 (10).

Ratio / Principle

In case the petitioner has cleared all the dues, the Medical Superintendent of SMGS Hospital, Jammu shall issue the NOC in his favour forthwith, so as to enable him to participate in the bid.

Detailed headnote1 paragraphs

Jammu & Kashmir and Ladakh High Court, Jammu (Sanjay Dhar, J.), by order dated 03.09.2025 in WP (C) No. 2436/2025, disposed of a challenge to Clause 5 (10) of E-tender No. 7/2025 issued by respondent No. 1 for manning parking places in Government SMGS Hospital, Jammu (2025-26), which required a bidder who had worked or was working in the Government Medical College and Associated Hospitals, Jammu to submit an NOC from the concerned Medical Superintendent. The petitioner, the incumbent parking operator alleging the condition was designed to oust him despite clearance of dues, did not obtain an adjudication on the validity of the condition; the Court instead granted him liberty to seek the NOC by representation and directed the Medical Superintendent to issue it forthwith if the dues stood cleared, so as to enable participation in the bid.

Sr. No. 142

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.

Through: Mr. Raman Sharma, AAG with Ms. Saleeqa Sheikh, Advocate

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER

03.09.2025

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.

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.

Issue notice. Ms. Saleeqa Sheikh, Advocate accepts notice on behalf of the respondents.

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

2 WP (C) No. 2436/2025

about the same. Therefore, the contention of the petitioner is not tenable.

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.

Having regard to the nature of grievance projected by the petitioner, the petition can be disposed of by extending appropriate directions to the respondents.

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