RATYAL CONSTRUCTION P LTD. TH. SUMEET SHARMA v. UT OF J AND K TH. PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE RAJNESH OSWAL
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2026-08-21. RATYAL CONSTRUCTION P LTD. TH. SUMEET SHARMA v. UT OF J AND K TH. PRINCIPAL SECRETARY TO...
Judgment text
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on: 19. 08. 2026 Pronounced on: 21. 08. 2026 Uploaded on: 21. 08. 2026 Whether the operative part or full Judgment is pronounced: Full WP(C) No. 2275/2026 CM No. 4908/2026 Ratyal Constructions (P) Limited Having its Registered Office at UGF-8, P-5, Ocean Plaza, Sector- 18, Noida (U. P. )-210301 …. Petitioner(s)/Appellants Through its Authorized Signatory Mr. Sumeet Sharma, Aged 29 years S/o Sh. Rakesh Kumar, R/o Village Jandore, Post Office Barwal, Tehsil and District Kathua. Through:- Mr. Ravinder Sharma, Sr. Adv. with Mr. Aditya Vikram Sharma, Advocate. V/s 1. Union Territory of Jammu and Kashmir through Principal Secretary Home Department, Civil Secretariat Jammu. 2. The Executive Engineer, Police Construction Division, Police Headquarters, J &K, Jammu ….. Respondent(s) 3. Naseeb Buildcon India Private Limited, Chowk Tengpora Bridge, Srinagar through its Managing Director. Through:- Ms. Monika Kohli, Sr. AAG with Ms.
Sagira Jaffar, Advocate. CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT 1. Respondent No. 2 had floated an e-tender dated 23. 06. 2026 for the construction of a Police Post at Thakrakote, Reasi. In response to the aforesaid, e-NIT, the petitioner and four others bidders submitted their respective bids. However, during the process of technical evaluation, the technical bid submitted by the petitioner was declared as “Non-Responsive”, on the ground that the petitioner had failed to upload the requisite Civil/Electrical Registration Card(s). 2. The petitioner was accordingly informed through communication dated 15. 07. 2026 that it had not followed the e-NIT clause regarding uploading of Civil/Electrical Registration Card(s). Thereafter, the petitioner vide its communication dated 16. 07. 2026 responded to the aforesaid communication stating therein that the petitioner had uploaded the license for electric contractors issued by Govt. of National Capital Territory of Delhi. 3.
Thereafter, the petitioner, through communication dated 17. 07. 2026 issued by respondent No. 2 was informed that technical evaluation committee had declared its bid as “Non-Responsive” because the required Civil/Electrical Registration Card(s) as prescribed in the e- NIT was not uploaded by the petitioner. 4. Pursuant to order dated 18. 08. 2026, the respondents were directed to submit the financial bids submitted by the bidders. 5. Ms. Monika Kohli, learned Senior AAG, has produced before the Court the financial bids submitted by the four bidders. However, she submits that the financial bid submitted by the petitioner could not be opened on account of certain technical reasons. 6. Mr. Ravinder Sharma, learned Senior Counsel for the petitioner, submits that petitioner figured as L-2 bidder, meaning thereby that in the event, the petitioner succeeds in the present writ petition, still he would not be entitled to be awarded the contract. 7.
In view of the aforesaid submission, this Court is of the considered view that adjudication of the contention raised by the petitioner would be an exercise in futility, as the petitioner did not figure as the L-1 bidder. Consequently, the petitioner cannot derive any benefit from the outcome of the present writ petition. The present petition, being devoid of merit, is accordingly dismissed. (Rajnesh Oswal) Judge JAMMU 21. 08. 2026 NEHA-1 Whether the order is speaking: Yes Whether the order is reportable: No Neha Kumari 2026. 08. 21 13:52 I attest to the accuracy and integrity of this documentWP(C) No. 2275/2026 Page 3 of 3
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