M/S Gousia Fayaz vs Union Territory Of J And K And on 4 August, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    M/S Gousia Fayaz vs Union Territory Of J And K And on 4 August, 2026

    Author: Moksha Khajuria Kazmi

    Bench: Moksha Khajuria Kazmi

                                                                  Serial No. 122
                                                              Supplementary Cause list
       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR
                          WP(C) 1534/2026 CM(3996/2026)
                                      C/W
                                WP(C) 1217/2023
    M/S GOUSIA FAYAZ                                       ...Appellant(s)/Petitioner(s)
    
    Through:    Mr. Aasif Maqbool, Advocate
                                           Vs.
    
    UNION TERRITORY OF J AND K AND
                                                                       ...Respondent(s)
    OTHERS (HEALTH AND MEDICAL
    EDUCATION)
    Through:    Mr. Faheem Nisar Shah, GA
    
    CORAM:
         HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
                                 JUDGMENT (ORAL)

    04.08.2026

    1. Since both the writ petitions have been instituted by the same petitioner

    SPONSORED

    and involve substantially identical questions of fact and law, arising out of

    the same set of circumstances, they are being taken up together

    adjudication.

    WP(C) 1217/2023:

    2. By way of the instant petition, the petitioner has prayed for the following

    reliefs:

    I. Issue a writ in the nature of certiorari, quashing the
    impugned bid document bearing No.
    GEM/2023/B/3415527 dated 06.05.2023.

    II. Issue a writ in the nature of mandamus, directing the
    respondents to allow the petitioner to continue and
    complete the contract time frame of two years as
    envisaged by NIT dated 10.09.2020 from the date of
    execution of contract pursuant to letter of allotment
    bearing No. SIMS 325 31/2019-822-32 dated 28.04.2022.

    3. Vide order dated 19.05.2023, this Court has ordered as under:

    “In the meantime, subject to objections and till next date
    of hearing before the Bench, there shall be order of status

    WP(C) 1534/2026 C/W Page 1 of 16
    WP(C) 1217/2023
    quo with regard to the petitioner providing sanitation
    services to the SKIMS”.

    4. Learned counsel for the petitioner submits that, pursuant to the e-NIT

    dated 10.09.2020, an allotment order was issued in favour of the petitioner

    for a period of one year vide allotment letter dated 28.04.2022. It is further

    submitted that, in terms thereof, the petitioner was permitted to execute

    the contract till the year 2024.

    5. Mr. Faheem Nisar Shah, learned Government Advocate appearing for the

    respondents submits that the petitioner has executed the work beyond the

    stipulated period of allotment dated 24.08.2022 and is still continuing to

    provide sanitation services at SKIMS, Soura, Srinagar. It is, therefore,

    contended that the grievance projected by the petitioner no longer survives

    for consideration and, consequently, the instant writ petition has rendered

    infructuous.

    6. Learned counsel for the petitioner admits that the writ petition has

    rendered infructuous, but the interim order dated 19.05.2023, whereby the

    respondents were directed to maintain status quo with regard to the

    petitioner to continue to provide sanitation services at SKIMS, is still in

    operation. It is contended that, in terms of the said interim order, the

    respondents are under an obligation to seek leave of this Court before

    issuing any fresh tender notice.

    7. In view of the foregoing discussion and in light of the submissions made

    by learned counsel for the parties, the instant writ petition is dismissed as

    having been rendered infructuous.

    WP(C) 1534/2026 C/W Page 2 of 16
    WP(C) 1217/2023
    WP(C) 1534/2026:

    8. By way of the present petition, the petitioner has prayed for the following

    reliefs:

    I. By issuance of writ, order or direction one in the nature of
    Certiorari quashing e-Tender bearing eNIT No. 03 (P-II) of
    2026 dated 19.06.2026, issued by respondent No. 2 for
    outsourcing of sanitation and housekeeping services at Sher-i-
    Kashmir Institute of Medical Sciences (SKIMS), Soura Srinagar.
    II. By issuance of writ, order or direction one in the nature of
    mandamus commanding the respondents to take the GeM tender
    process initiated vide Bid No. GEM/2024/B/5565055 dated
    07.11.2024, culminating in Reverse Auction No.
    GEM/2025/R/540868, wherein the petitioner emerged as the L-1
    bidder, to its logical conclusion by finalizing and
    operationalizing the same in accordance with law.

    III. By issuance of writ, order or direction one in the nature of
    mandamus commanding the respondents to permit the petitioner
    to continue rendering sanitation and housekeeping services at
    Sher-i-kashmir Institute of Medical Sciences (SKIMS), Soura,
    Srinagar till the GeM tender process referred to hereinabove is
    finalized and operationalized in accordance with law.
    IV. Pending disposal of the present writ petition, direct the
    respondents to maintain status quo with regard to the sanitation
    and housekeeping services presently being rendered by the
    petitioner and restrain them from disengaging the petitioner or
    replacing him by any other agency pursuant to the impugned e-
    Tender.

    V. Pass any other writ, order or direction which this Hon‟ble Court
    may deem fit and proper in the facts and circumstances of the
    case.

    9. Petitioner is aggrieved of the e-NIT No. 03 (P-II) of 2026 dated

    19.06.2026 issued by respondent No. 2, whereby bids have been invited

    for “Outsourcing of sanitation and housekeeping service at Sher-i-

    Kashmir Institute of Medical Sciences (SKIMS), Soura, Srinagar

    [hereinafter referred to “SKIMS”] on quality cum cost basis”.

    10.It is stated that the petitioner is a civil contractor having expertise in

    providing outsourced sanitation services. In the year 2020, respondent No.

    2 issued e-NIT dated 10.09.2020, inviting bids for outsourcing sanitation

    WP(C) 1534/2026 C/W Page 3 of 16
    WP(C) 1217/2023
    services at SKIMS, Srinagar. The petitioner, along with other bidders,

    participated in the tendering process and was declared the successful

    bidder. Consequently, the work was allotted to the petitioner vide

    allotment order dated 28.04.2022. It is further stated that, in terms of

    Clause 2 of the NIT, the contract was to remain in force for a period of

    two years. However, the respondents restricted the tenure of the

    petitioner’s contract to one year, thereby compelling the petitioner to

    approach this Court by filing WP(C) No. 1217/2023, challenging Bid

    Document No. GEM/2023/B/3415527 dated 06.05.2023 and also to seek a

    direction to the respondents to permit the petitioner to continue and

    complete the contractual period of two years as envisaged under the e-NIT

    dated 10.09.2020.

    11.This court vide order dated 19.05.2023 in WP(C) 1217/2023 has directed

    as under:

    “In the meantime, subject to objections and till next date
    of hearing before the Bench, there shall be order of status
    quo with regard to the petitioner providing sanitation
    services to the SKIMS”.

    12.Upon the expiry of the contractual period of two years, the respondents

    floated a GeM Bid bearing No. GEM/2024/B/5565055 dated 07.11.2024

    for outsourcing sanitation and housekeeping services at SKIMS, Soura.

    The petitioner, being fully eligible, also participated in the said tendering

    process. Upon the conclusion of the Reverse Auction bearing RA No.

    GEM/2025/R/540868, the petitioner emerged as the L-1 bidder, however,

    despite the petitioner having been declared the lowest successful bidder,

    the respondents neither finalized nor operationalized the said GeM tender

    till date. Respondents, however, have allowed the petitioner to continue to

    execute the said work till date.

    WP(C) 1534/2026 C/W Page 4 of 16
    WP(C) 1217/2023

    13.It is further stated that, vide communication dated 18.11.2025, the

    respondents granted an extension in favour of the petitioner for providing

    sanitation and housekeeping services up to 31.10.2025 or till a fresh

    arrangement is finalized by SKIMS, Srinagar, whichever is earlier.

    14.The petitioner has challenged the impugned e-NIT No. 03 (P-II) of 2026

    dated 19.06.2026 primarily on the ground that, having participated in the

    tendering process initiated vide GeM Bid No. GEM/2024/B/5565055

    dated 07.11.2024 and having been declared the L-1 bidder, the

    respondents were under a legal obligation either to finalize and allot the

    contract in favour of the petitioner or to cancel the said tender in

    accordance with law. It is contended that the respondents have neither

    cancelled the tender notification dated 07.11.2024 nor have taken any

    decision with regard to the award of the contract thereunder, and, in the

    meantime, have proceeded to issue the impugned e-NIT dated 19.06.2026.

    15.Learned counsel for the petitioner has vehemently argued that the

    respondents have issued the impugned e-NIT dated 19.06.2026 without

    taking any decision with respect to the GeM Bid dated 07.11.2024,

    wherein the petitioner was declared the L-1 bidder. He has relied upon the

    judgment delivered in case titled “Subodh Kumar Singh Rathour Vs Chief

    Executive Officer & Ors.“, reported as AIR 2024 SC 3784.

    16.Per contra, learned counsel for the respondents has filed an affidavit in

    terms of order dated 06.07.2026, wherein it is stated:

    “3. That it is respectfully submitted that pursuant to the earlier
    GeM bid No. GEM/2024/B/5565055 dated 07.11.2024, fifty-
    one 51 bids were received under the prescribed two-cover
    system. Upon technical evaluation, only two bidders, including
    the petitioner, were found technically responsive. Thereafter,
    the financial bids were opened on 04.09.2025 and the reverse
    auction concluded on 08.09.2025.

    WP(C) 1534/2026 C/W Page 5 of 16

    WP(C) 1217/2023

    4.That it is respectfully submitted that during the intervening
    period, SKIMS undertook a comprehensive review of its
    sanitation and housekeeping requirements. Upon detailed
    deliberations at various administrative levels and after
    examining the sanitation management practices followed in
    reputed tertiary care hospitals of similar stature, a conscious
    administrative and policy decision was taken to shift from the
    conventional Least Cost (L-1) procurement system to the
    Quality-cum-Cost Based Selection (QCBS) model. The
    decision was taken solely in the larger public interest with the
    objective of improving sanitation standards, strengthening
    hospital infection control measures, ensuring scientific
    cleaning protocols, proper biomedical waste segregation,
    deployment of trained manpower, and provision of cleaning
    agents, disinfectants and other hygiene-related consumables,
    thereby enhancing patient care and hospital hygiene.

    5. That it is respectfully submitted that for implementation of
    the aforesaid policy decision, the competent authority
    constituted a Committee comprising senior officers to examine
    the feasibility, specifications, financial implications and
    operational modalities relating to High-Tech Sanitation
    Services. The decision to adopt the QCBS model was thus
    founded entirely upon administrative necessity and public
    interest and not upon any extraneous consideration.

    6. That it is respectfully submitted that pursuant to the
    aforesaid policy decision, SKIMS initially floated e-NIT No.
    SIMS 07 (P-II) of 2025 dated 06.10.2025 under the QCBS
    model. Although five bidders participated, the tender could not
    be finalized due to technical reasons. Significantly, the
    petitioner neither questioned nor challenged the said tender at
    any stage.

    7. That it is respectfully submitted that thereafter the impugned
    e-NIT No.03 (P-II) of 2026 dated 19.06.2026 came to be
    issued. The petitioner participated in the pre-bid meeting held
    on 25.06.2026, signed the attendance register and did not
    raise any objection whatsoever regarding the tender
    conditions, evaluation methodology or adoption of the QCBS
    model.

    8. That it is respectfully submitted that in response to the
    impugned tender, eleven (11) agencies, including the
    petitioner, submitted their bids. The petitioner voluntarily
    submitted his bid vide Bid ID No. 2834447 after accepting all
    the terms and conditions of the tender document. The technical
    bids were opened on 09.07.2026.

    9. That it is respectfully submitted that having voluntarily
    participated in the pre-bid meeting and thereafter submitted

    WP(C) 1534/2026 C/W Page 6 of 16
    WP(C) 1217/2023
    his bid with full knowledge of the terms and conditions of the
    impugned tender, the petitioner is estopped from challenging
    the very same tender process. The petitioner cannot be
    permitted to approbate and reprobate simultaneously or blow
    hot and cold by participating in the tender process while
    simultaneously questioning its legality before this Hon’ble
    Court. Such conduct disentitles the petitioner from invoking
    the discretionary writ jurisdiction of this Hon’ble Court.

    10. That it is respectfully submitted that pending finalization of
    the revised procurement model, it was considered
    administratively necessary to continue the petitioner’s existing
    contract purely as an interim arrangement so as to avoid
    disruption of essential sanitation services in the Institute. Such
    continuation was only on the existing terms, conditions and
    rates and did not confer any vested or enforceable right upon
    the petitioner for award of any future contract.

    11. That it is respectfully submitted that mere emergence as
    the lowest bidder in a reverse auction in the earlier bid dated
    07.11.2024 does not create any vested or enforceable right to
    claim award of contract. The competent authority always
    retains the power to review, modify cancel or re-tender a
    procurement process in larger public interest. The petitioner’s
    claim that the earlier tender necessarily ought to have
    culminated in award of contract is wholly misconceived. …

    12. That it is respectfully submitted that SKIMS had earlier
    floated e-NIT No. SIMS 20 (P-II) of 2020 dated 10.09.2020
    under the conventional L-l procurement system wherein the
    petitioner emerged as the successful bidder and was awarded
    the contract vide Allotment Order No. SIMS-325 dated
    28.04.2022 for a period of one year, valid up to 27.04.2023.

    13. That it is respectfully submitted that before expiry of the
    said contract, SKIMS initiated a fresh procurement process
    through GeM Bid No. GEM/2023/B/3415527 dated
    06.05.2023.

    14. That it is respectfully submitted that before the said tender
    could be finalized, the petitioner filed WP(C) No.1217/2023
    seeking continuation of the contract for the entire period of
    two years contemplated under the original tender. This
    Hon’ble Court vide order dated 19.05.2023 directed
    maintenance of status quo, which was duly complied with by
    SKIMS. Consequently, the GeM tender dated 06.05.2023 could
    not proceed further and the bid validity expired during
    pendency of the proceedings.

    15. That it is respectfully submitted that after the petitioner
    had already availed the relief sought by him by completing the
    contractual period of two years and even thereafter continued

    WP(C) 1534/2026 C/W Page 7 of 16
    WP(C) 1217/2023
    under administrative extensions, the matter was examined by
    the Additional Secretary (Law), SKIMS, who vide legal
    opinion dated 08.06.2024 observed that the petitioner had
    already availed the relief claimed in the writ petition and that
    no legal embargo existed for issuance of a fresh Notice
    Inviting Tender. The said opinion was thereafter referred to
    the Department of Law, Justice and Parliamentary Affairs,
    Government of Jammu and Kashmir, which endorsed the said
    opinion and advised SKIMS to proceed with issuance of a
    fresh tender in accordance with law.

    16. That it is respectfully submitted that accordingly, the
    present procurement process has been initiated pursuant to an
    independent administrative policy decision to introduce a
    QCBS-based sanitation system in the larger public interest
    and has absolutely no nexus with the issues involved in WP(C)
    1217/2023.

    17. That it is respectfully submitted that the petitioner’s
    contract was extended from time to time purely as an interim
    administrative arrangement to ensure continuity of essential
    sanitation services till finalization of the revised procurement
    process. Every extension order specifically stipulated that it
    would remain operative only till finalization and
    operationalization of the fresh arrangement or until
    further orders, whichever was earlier. Such extensions neither
    constituted a fresh contract nor created any legitimate
    expectation or vested right in favour of the petitioner.

    18. That it is respectfully submitted that no assurance, promise
    or commitment was ever extended by SKIMS that the contract
    would necessarily be awarded to the petitioner. The
    continuation orders merely permitted continuation of services
    in public interest and cannot be construed as any assurance
    regarding future allotment.

    19. That it is respectfully submitted that the allegations of
    mala fides, arbitrariness, favoritism, bias or colourable
    exercise of power are wholly false, vague and unsupported by
    any material whatsoever. The petitioner has not disclosed the
    identity of any alleged beneficiary nor placed any material on
    record to substantiate such allegations. On the contrary, the
    petitioner himself continues to provide sanitation services
    under interim extensions and has never been displaced by any
    other agency.

    20. That it is respectfully submitted that the petitioner has
    failed to establish violation of any statutory, contractual or
    constitutional right. The entire writ petition proceeds on the
    erroneous assumption that mere emergence as an L-1 bidder
    confers an indefeasible right to award of contract, which

    WP(C) 1534/2026 C/W Page 8 of 16
    WP(C) 1217/2023
    proposition is contrary to the settled principles governing
    public procurement.

    21. That it is respectfully submitted that the petitioner has also
    suppressed material facts from this Hon‟ble Court by
    concealing that he participated in the pre-bid meeting,
    accepted the terms and conditions of the impugned tender,
    voluntarily submitted his bid without any protest and never
    challenged the earlier QCBS tender floated by SKIMS.

    17.Learned counsel for the respondents has relied upon judgment dated

    15.12.2023 passed in WP(C) 2108/2022 titled “Ghulam Qadir Bhat &

    Anr. Vs. UT of J&K & Ors.“, wherein it has been held that the tender is

    only an invitation to offer and the other party makes an offer pursuant to

    the invitation to offer, as such, it is not obligatory to the authority issuing

    tender to accept the offer and no right is created on the basis of merely

    being L-1. He submits that the respondents were well within their right to

    cancel the tender before the acceptance was made and a right would only

    be arisen when a contract comes into existence. He further submits that

    the invitation to offer merely invites the other party to make negotiations.

    This offer was yet to be accepted by the respondents for a contract to

    come into existence which could be enforceable for the parties. It is a well

    settled position of law that merely by participating in the tender, no right

    is created in favour of the bidder and the tenderer cannot be precluded

    from its option to cancel the tendering process on any grounds. The

    tendering process, thus, can be cancelled at any stage before finalization

    and issuance of letter of acceptance as there was no concluded contract

    between the parties. Thus, the legitimate expectations on the petitioners

    having altered their positions on the basis of being declared L1 has no

    significance as there was no contract between the parties.

    18.Mr. Faheem Nisar Shah, learned Government Advocate has submitted that

    the petitioner had approached this Court by way of WP(C) 1217/2023,

    WP(C) 1534/2026 C/W Page 9 of 16
    WP(C) 1217/2023
    wherein this Court on 19.05.2023, had directed to maintain status quo

    with regard to the petitioner providing sanitation services to the SKIMS

    and resultantly bid document bearing No. GEM/2023/B/3415527 dated

    06.05.2023 was put on hold and another tender notification bearing No.

    GEM/2024/B/5565055 dated 07.11.2024 was issued by the respondents,

    wherein the petitioner participated and was declared as L-1, however on

    the basis of detailed deliberations on various administrative levels and

    after examining the sanitation practices, decision was taken by the

    respondent authorities to shift from the conventional Least Cost (L-1)

    procurement system to the Quality-cum-Cost Based Selection (QCBS)

    model to strengthen the quality control with respect to the sanitation

    services. Resultantly, tender bid notification bearing No.

    GEM/2024/B/5565055 dated 07.11.2024 was put on hold. He further

    submits that respondents had also issued tender bid notification dated

    06.10.2025 under QCBS model, in which the petitioner never participated,

    however the same could not be finalized due to technical reasons. He has

    further submitted that the petitioner is continuously executing the

    sanitation works since 2022 till date and pursuant to the impugned tender

    notification dated 19.06.2026, petitioner has not only participated in pre-

    bid meeting on 25.06.2026 but has also uploaded the requisite documents

    on 07.07.2026. Moreover, the petitioner has concealed the fact of

    participating in the pre-bid meeting at the time of filing this petition.

    19.Mr. Aasif Maqbool, learned counsel for the petitioner submits that the

    documents in terms of the impugned eNIT dated 19.06.2026 have been

    uploaded after approaching this Court.

    20.Heard learned counsel for the parties, considered the submissions and

    perused the material on record.

    WP(C) 1534/2026 C/W Page 10 of 16
    WP(C) 1217/2023

    21.The main grievance of the petitioner is to the extent that the petitioner had

    participated in the notification bearing No. GEM/2024/B/5565055 dated

    07.11.2024, wherein he was declared as L-1, however, despite that neither

    the said notification dated 07.11.2024 has been cancelled nor any decision

    has been taken by the authority till date. The respondents were under an

    obligation to allot the contract to the petitioner in terms of notification

    bearing No. GEM/2024/B/5565055 dated 07.11.2024. Respondents have

    stated in their affidavit that in order to improve and strengthen the quality

    control of the sanitation services, the tender notification dated 07.11.2024

    was done away with and another tender dated 06.10.2025 was issued,

    wherein neither the petitioner participated nor has shown any grievance

    with respect to the same. In the impugned tender notification dated

    19.06.2026, petitioner has not only participated in the pre-bid meeting on

    25.06.2026 but also uploaded the requisite documents on 07.07.2026, as

    such, the petitioner has no right to approach this Court, when he has

    already participated in the tendering process. Perusal of the record reveals

    that the petitioner has not only participated in pre-bid meeting on

    25.06.2026, but also uploaded the requisite documents on 07.07.2026.

    22.The petitioner had earlier approached this Court by filing a writ petition

    seeking extension of the contract for a further period of two years, i.e., up

    to the year 2024. Pursuant to the interim order directing maintenance of

    status quo, the petitioner continued to provide sanitation and

    housekeeping services. It is an admitted position that the petitioner not

    only executed the contract up to the year 2024 but has, in fact, continued

    to render the said services even thereafter till date. Thus, the petitioner has

    already availed the benefit flowing from the interim protection granted by

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    WP(C) 1217/2023
    this Court far beyond the period originally claimed in the earlier writ

    petition.

    23.Scope of the judicial review in tender matters has been considered by

    Hon’ble Supreme Court in its various decisions. Hon’ble Supreme Court

    in the case of “Tata Cellular Vs Union of India” reported as 1994 6 SCC

    651, while considering the scope of judicial review in tender matters,

    elucidated the following principles:

    94. The principles deducible from the above are:

    1) The modern trend points to judicial restraint in
    administrative actions.

    2) The Court does not sit as a court of appeal but merely
    reviews the decision-making process.

    3) The Court lacks the expertise to correct administrative
    decisions. If a review is permitted, it would be
    substituting its decision, which may be fallible.

    4) The terms of the invitation to tender cannot be open to
    judicial scrutiny as they are in the realm of contract.

    Decisions to accept or award contracts are reached
    through several tiers and are qualitative, often made by
    experts.

    5) The Government must have the freedom of contract.
    Fair play in administrative actions is necessary, but
    decisions must be free from arbitrariness, bias, or mala
    fides.

    6) Quashing decisions can impose heavy administrative
    burdens and unbudgeted expenditures on the
    administration and lead to increase and unbudgeted
    expenditure.

    24.After Tata cellular (supra), there is a long series of judgments of the

    Supreme Court on the scope of judicial review in tender matters, some of

    them are Jagdish Mandal v. State of Orissa, (2007) 14 SCC 517,

    Midhigan Rubber v. State of Karnataka, (2012) 8 SCC 216, Afcons

    Infrastructure Ltd. v. Nagpul Metro Rail Corporation Ltd., (2016) 16 SCC

    818, M/s Agmatel India Pvt. Ltd. v. M/s Resoursys Telecom, 2022 Legal

    WP(C) 1534/2026 C/W Page 12 of 16
    WP(C) 1217/2023
    Eagle (SC) 98, Airport Authority of India v. Centre for Aviation Policy,

    Safety & Research (CAPSR), (2022) SCC Online SC 1334.

    25.The Supreme Court in the case of Balaji Ventures Pvt. Ltd. V.

    Maharashtra State Power Generation Company Ltd., 2022 LiveLaw (SC)

    295 has observed that “the eligibility criteria in the tender document

    applied to all bidders. The owner has the freedom to set criteria unless

    they are arbitrary or mala fide. Bidders cannot challenge criteria that do

    not suit them. Courts have limited roles in reviewing tender conditions, as

    it is an offer to compete”. In Airport Authority of India (supra), it has been

    observed by the Supreme Court that “tender terms are within the domain

    of the tenderer and not open to judicial scrutiny unless arbitrary,

    discriminatory, or mala fide. The Government must have a free hand in

    setting terms.”

    26.This Court further finds that the respondents have satisfactorily explained

    the circumstances under which the GeM Bid dated 07.11.2024 was not

    taken to its logical conclusion and a fresh tender process came to be

    initiated. Significantly, the petitioner neither challenged the decision of

    the respondents in abandoning the said bidding process nor questioned the

    issuance of the subsequent tender notification of the year 2025. Having

    consciously accepted the respondents’ action and continued to execute the

    contract by virtue of the earlier interim order, thereby enjoying the fruits

    of the tender process initiated in the year 2022 not only for its stipulated

    tenure but for an additional period of more than two years, the petitioner

    cannot now be permitted to invoke the extraordinary writ jurisdiction of

    this Court to assail the subsequent tender process.

    27.The principles which emerge from a series of decisions of the Supreme

    Court are as under:

    WP(C) 1534/2026 C/W Page 13 of 16

    WP(C) 1217/2023
    i. The tender inviting authority is free to set eligibility criteria
    and conditions unless they are arbitrary, discriminatory, or mala
    fide.

    ii. The author of the tender document is best suited to understand
    and interpret its requirements.

    iii. If two interpretations are possible, the author‟s interpretation
    must be accepted.

    iv. If the tender authority follows healthy standards and norms,
    court interference is limited.

    v. Courts reviewing the decision-making process, not act as
    courts of appeal.

    vi. There should be no cancellation of awards due to procedural
    errors or wrongful exclusion; unsuccessful bidders can seek
    damages in civil court.

    vii. Courts have no role in imposing fair, wiser, or logical
    decisions on tender authorities.

    viii. In most cases, the Supreme Court upholds the views of the
    tender inviting authority unless the terms are arbitrary,
    discriminatory, or mala fide.

    28.The Hon’ble Supreme Court in Silppi Constructions Contractors v. Union

    of India and others, (2020) 16 SCC 489, has held thus:

    19. This Court being the guardian of fundamental rights is duty
    bound to interfere when there is arbitrariness, irrationality, mala
    fides and bias. However, this Court in all the aforesaid decisions
    has cautioned time and again that courts should exercise a lot of
    restraint while exercising their powers of judicial review in
    contractual or commercial matters. This Court is normally loathe
    to interfere in contractual matters unless a clear-cut case of
    arbitrariness or mala fides or bias or irrationality is made out.

    The Courts must realize their limitations and the havoc which
    needless interference in commercial matters can cause. In
    contracts involving technical issues the courts should be even
    more reluctant because most of us in judges’ robes do not have
    the necessary expertise to adjudicate upon technical issues
    beyond our domain. As laid down in the judgments cited above
    the courts should not use a magnifying glass while scanning the
    tenders and make every small mistake appear like a big blunder.
    In fact, the courts must give „fair play in the joints‟ to the
    government and public sector undertakings in matters of
    contract. Courts must also not interfere where such interference
    will cause unnecessary loss to the public exchequer.

    WP(C) 1534/2026 C/W Page 14 of 16
    WP(C) 1217/2023

    29.This Court is also of the considered opinion that the conduct of the

    petitioner attracts the principle of estoppel. In context of a tender

    participation, the legal principle established is that a party who

    participates in a tender process cannot subsequently challenge the terms

    and conditions of that tender. This principle is rooted in the idea that the

    participation implies acceptance of the terms and conditions laid out in the

    tender documents. If a party has participated without protest, then they are

    generally estopped from raising the objections later on. The principle is

    based on the legal doctrine of estoppel, which prevents a party from

    asserting a claim or a right that contradicts what they have previously

    stated or agreed to by their actions. This legal framework ensures fairness

    and predictability in the tender process, preventing parties from

    opportunistically challenging terms and conditions, after engaging and

    participating in the process. The record reveals that the petitioner has

    participated voluntarily in the pre-bid meeting and has also submitted his

    documents in the impugned tender process bearing eNIT No. 03 (P-II) of

    2026 dated 19.06.2026, issued by respondent No. 2 for outsourcing of

    sanitation and housekeeping services at SKIMS, Soura Srinagar and,

    having subjected himself thereto, cannot simultaneously challenge the

    very tender process in the present writ petition.

    30.This Court is fortified with the judgment of the Hon’ble Apex Court

    rendered in the case titled “New Bihar Biri Leaves co. Vs State of Bihar”

    reported as (1981) 1 SCC 537. In paragraph 48 of the Judgement supra,

    the Apex Court has been pleased to observe as follows:-

    “It is a fundamental principle of general application that if a
    person of his own accord, accepts a contract on a certain terms
    and works out the contract, he cannot be allowed to adhere to
    and abide by some of the terms and conditions which proved

    WP(C) 1534/2026 C/W Page 15 of 16
    WP(C) 1217/2023
    advantageous to him and repudiate the other terms of the same
    contract which might be disadvantageous to him. The maxim is
    qui approbate and non reprobate (one who approbates cannot
    reprobate). This principle, though originally borrowed from
    Scots Law, is now firmly embodied in English Common Law.
    According to it, a party to an instrument or transaction cannot
    take advantage of one part of a document or transaction and
    reject the rest. This is to say, no party can accept and reject the
    same instruments or transactions.‟‟

    31.The petitioner herein has suppressed material facts from this Court by

    deliberately omitting/strategically avoiding to disclose that he had

    participated in the pre-bid meeting held on 25.06.2026, as well as

    uploaded the documents on 07.07.2026 after filing of this petiton. Such

    suppression of material facts disentitles the petitioner to any discretionary

    relief under Article 226 of the Constitution.

    32.In view of what has been discussed herein above, the instant petition,

    being devoid of any merit, is dismissed along with the connected

    application(s).

    (MOKSHA KHAJURIA KAZMI)
    JUDGE
    SRINAGAR:

    04.08.2026
    “Adil Ismail”

              Whether the Judgment is Speaking?          Yes
    
              Whether the Judgment is Reportable?        No
    
    
    
    
    WP(C) 1534/2026 C/W                                                    Page 16 of 16
    WP(C) 1217/2023
     



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