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Judgment
1) An e-NIT dated 14th of January, 2020 was issued by the Executive Engineer, Mechanical Hospital and Central Heating Division, Srinagar, inviting
bids from the original equipment manufacturers of Lifts or their authorized dealers/representatives etc. for design, supply, installation, testing and
commissioning at Commercial Shopping Complex, SRTC yard, Anantnag.
2) It appears that Chief Engineer, Mechanical Engineering Department, Kashmir, vide communication dated 27th of February, 2019, much before the
issuance of e-NIT supra, had recommended tothe Commissioner/Secretary R&B PWD, for accord of approval for below mentioned seven makes of
Lifts/Lift manufacturers:
Otis
Kone
Schindler
Johnson
Thyssen Krupp
Mitsubishi
Hyundai
3) In the communication supra, the Chief Engineer had expressed his apprehension that the Department could end up with installation of low category
Lifts which may not only work poorly but could also pose a serious risk to the lives of commuters.
4) In the background of above, after the issuance of e-NIT dated 14th of January, 2020, a corrigendum was issued by the Executive Engineer, MHCH
Division, Srinagar, dated 22nd January, 2020, which, inter-alia, made changes in the approved list of lift manufacturers earlier issued. This time, in
addition to seven manufacturers/brands, two brands, namely, Escon and Omega were added.
5) The petitioner, in the present petition, claims to be the Vice President of Valley Mechanical Contractors Association, the members whereof are
undertaking the job of design, supply, installation, testing and commissioning of the lifts. The grievance projected is that the action of the Executive
Engineer, MHCH Division, Srinagar, in issuing the corrigendum, to the extent it included names of Escon and Omega, was bad, inasmuch as these two
names were never recommended by the Chief Engineer in his communication dated 27th February, 2019. It was also urged that the credibility of these
two companies was seriously in doubt and that there was no basis for the Executive Engineer to issue the corrigendum overriding the view expressed
by the Chief Engineer in his communication dated 27th of February, 2019. It was also urged that the corrigendum stipulated completion of the job
within a period of two months from the date of allotment instead of four months as was envisaged in the basic tender documents, which was done to
frustrate the foreign/multinational companies to fulfil the said condition as the multinational companies take three to four months to make supplies.
6) From a perusal of the records and in particular in reference to communication dated 23rd January, 2020, addressed to the Chief Engineer by
Superintending Engineer, Mechanical Circle (MED), Srinagar, it can be seen that the entire tendering process, which is subject matter of the present
petition, has been put on hold till proper procedure was fixed for inclusion of new brands of elevators. If that be so, then clearly the present petition is
premature at this stage as the official respondents themselves want to take a decision with regard to inclusion of new brands of elevators in the
tendering process. It is quite premature at this stage to anticipate whether the decision and the criteria for inclusion of new brands would go against
the interests of the petitioner.
7) Be that as it may, the petition is found to be premature at this stage and is, accordingly, dismissed along with connected CM.