Ratyal Construction P Ltd. Th. Sumeet Sharma v. Ut of J and K Th. Principal Secretary to Government Home Department, Jammu and Others

Judgment is pronounced: Full

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 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.

…. Petitioner(s)/Appellants

Through:- Mr. Ravinder Sharma, Sr. Adv. with Mr. Aditya Vikram Sharma, Advocate.

V/s

¶1Union Territory of Jammu and Kashmir through Principal Secretar Home Department, Civil Secretaria Jammu.

¶2The Executive Engineer, Police Construction Division, Police Headquarters, J &K, Jammu

¶3Naseeb Buildcon India Private Limited, Chowk Tengpora Bridge, Srinagar through its Managing Director.

…..Respondent(s)

Through:- Ms. Monika Kohli, Sr. AAG with Ms. Sagira Jaffar, Advocate.

CORAM: HON'BLE MR.JUSTICE RAJNESH OSWAL, JUDGE

JUDGMENT

¶1Respondent 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).

¶2The 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.

¶3Thereafter, 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.

¶4Pursuant to order dated 18.08.2026, the respondents were directed to submit the financial bids submitted by the bidders.

¶5Ms. 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.

¶6Mr. 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.

¶7In 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: Whether the order is reportable:

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