Court sets aside direct allotment of toilet complex construction work in Channi Himmat, Jammu, observing that public contracts must follow transparent and competitive tendering procedures.
Jammu, November 7: The High Court of Jammu and Kashmir and Ladakh has quashed a 2013 contract allotment made by the Jammu Municipal Corporation (JMC) for the construction of a public toilet complex in Channi Himmat, Jammu, directing the authorities to initiate the allotment process afresh through open tendering.
Justice M.A. Chowdhary passed the judgment on November 4 while allowing a petition filed by Aryabhatt Seva Sansthan, challenging the allotment of the construction work to M/s Lakshya Social Service Organization without inviting tenders.
The disputed allotment order, dated April 8, 2013, concerned the construction of a toilet complex in Sector 3, Ward 50, Channi Himmat, Jammu.
The petitioner argued that the Jammu Municipal Corporation had directly allotted the public work to a private organisation without following a transparent and competitive procedure, thereby denying other eligible organisations an opportunity to participate.
The JMC defended its decision, stating that the organisation had experience in sanitation-related activities and was empanelled with the Housing and Urban Development Department. It also cited unsuccessful earlier attempts to invite tenders.
However, the High Court observed that an organisation’s experience or empanelment does not give it an exclusive right to secure a public contract without following the established tendering process.
The court held that public authorities are constitutionally bound under Article 14 of the Constitution to ensure fairness, transparency and equal opportunities while awarding public contracts.
It further observed that the authorities had failed to establish any exceptional circumstances or compelling reasons justifying the direct allotment without inviting public tenders.
Accordingly, the High Court quashed the April 8, 2013 allotment order and directed the official respondents to undertake the process afresh by inviting tenders and ensuring open competition.
The judgment reinforces the requirement that public contracts must be awarded through fair, transparent and competitive procedures.
