Jammu & Kashmir High Court
M/S Vikas Transport Co vs Ut Of J&K & Ors on 8 July, 2026
S. No. 6
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1272/2026
c/w
WP(C) No. 1407/2026
WP(C) No. 1409/2026
WP(C) No. 1488/2026
WP(C) No. 1489/2026
WP(C) No. 1545/2026
M/s Vikas Transport Co. .....Petitioner(s)
Through: Mr. U. K Jalali, Sr. Advocate with
Ms. Isha Razdan, Advocate
[WP(C) Nos. 1488 & 1489/2026]
Mr. Amit Gupta, Sr. Advocate with
Mr. Sumit Moza, Advocate
[WP(C) No. 1407/2026]
Mr. Karman Singh Johal, Advocate
[WP(C) No. 1272/2026]
Mr. Uday Baskar, Advocate
[WP(C) No. 1545/2026]
Vs
UT of J&K & Ors ..... Respondent(s)
Through: Ms. Meenakshi Slathia, Dy AG for R-1
(in all petitions)
Mr. Z A Shah, Sr. Advocate with
Mr. Parimoksh Seth, Advocate
[Through Virtual Mode]
Mr. Faiz-ul Arif Fami, Advocate for R-2 to 4
[WP(C) No. 1488/2026]
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
(08.07.2026)
01. By virtue of order dated 29.06.2026, learned counsel appearing on behalf
of respondent No.1 Ms. Meenakshi Slathia, learned Dy AG was directed to
apprise this Court whether the decision has been taken by the Government
in pursuance to the communication dated 02.06.2026 issued by the
Managing Director, State Road Transport Corporation to the Secretary to
Government, Transport Department, and the said decision was to be
conveyed to this Court so that the grievances projected by the petitioners in
2 WP(C) No. 1272/2026
all the petitions were redressed and the writ petitions which have been
pending adjudication are brought to their logical conclusion.
02. Since time was of the essence in the matter, this Court deemed it
appropriate to list these matters today.
03. When the matter was taken up today, learned counsel appearing on behalf
of the respondent No.1 has produced a copy of communication dated
01.07.2026, issued by the Director, Finance Transport Department,
addressed to the Managing Director, J&K Road Transport Corporation. A
perusal whereof reveals that the matter was examined in the Department
and pursuant thereto the following decision was taken:
1) While deciding the matter, due reference may be made to the provisions
contained in Chapter III under the heading “Powers and Duties of the
Corporation”, particularly Section 19(2)(f) and Section 19(2)(j) of the
Road Transport Corporations Act, 1950, for arriving at a reasoned and
legally sustainable conclusion.
2) The Delegation of Powers vested in the Managing Director under
Section 129(1), as approved in the 3rd Meeting of the Board of
Directors of JKRTC and as further elaborated in the 72nd Meeting of
the Board of Directors under Agenda No. 72.01, may also be kept in
view while taking a decision in the matter.
3) The provisions of Rule 173(xx) of the General Financial Rules, 2017,
shall be adhered to in letter and spirit while finalizing the instant
tender.
4) Since the matter is presently subjudice before the Hon’ble High Court
of Jammu & Kashmir and Ladakh and no interim orders have been
passed restraining continuation of the tender process, JKRTC may
proceed in accordance with the applicable rules and regulations.
04. The decision taken by the Government has been conveyed by the Director
Finance, Transport Department to the Managing Director, J&K Road
Transport Corporation with a direction to proceed further in accordance
with the applicable rules and regulations. A copy of communication dated
01.07.2026 is taken on record.
05. When a specific query was put by this Court to the learned counsel
appearing on behalf of respondent No.1 by this Court whether the decision
which finds mention in the aforesaid communication dated 01.07.2026 is in
fact a decision of the Government, the learned counsel for the respondent
No.1 could not give a satisfactory reply to this Court and rather she seeks
one week’s further time to have fresh instructions in the matter with a view
3 WP(C) No. 1272/2026
to apprise this Court whether the decision which finds mention in the
aforesaid communication is, in fact, a decision of the Government and in
case if the said decision is the decision of the Government, then the
Managing Director is under a legal obligation to take a decision in
accordance with the applicable rules and regulations.
06. Be that as it may, the learned counsel appearing on behalf of the respondent
No.1 is directed to have fresh instructions in the matter and to take a
categoric stand whether the decision which finds mention in the aforesaid
communication is in fact a decision of the Government and if that is so,
then the Managing Director is under a legal obligation to take a call in
accordance with the applicable rules and regulations, the details of which
finds mention in the aforesaid communication.
07. Let a decision on behalf of the Managing Director, SRTC be also placed on
record on or before the next date of hearing positively, in case the
Government concurs with the view that the said decision is the decision of
the Government.
08. Keeping in view the urgency projected in the matter, Registry is directed to
list the instant petition along with connected matters on 22.07.2026, higher
up.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU
08.07.2026
Vijay
Vijay Kumar
2026.07.08 17.20
I attest to the accuracy and
integrity of this document
