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Judgment
By this order, the aforetitled two connected writ petitions are proposed to be disposed of.
By virtue of WP(C) No. 2642/2026, the petitioner-M/s Pritam Bus Service has sought a direction upon the official respondents to proceed with the opening of financial bids of the technically qualified bidders and conclude the tender process initiated vide Tender Notice No. 01 of 2026, bearing No. JKRTC/GM/O/K/543 dated 11.03.2026 issued by respondent No. 3/General Manager Operations, J&KRTC.
By virtue of WP(C) No. 2745/2026, petitioner- M/s Lakshmi Transport Company has challenged action of the respondents to the extent they have declared M/s Pritam Bus Service, Jammu and M/s Galaxy Transport Agencies, Batamaloo, Srinagar as technically qualified.
The claim of the petitioner-M/s Lakshmi Transport Company is that neither M/s Pritam Bus Service nor M/s Galaxy Transport Agencies are fulfilling tender conditions, as such, the said entities could could not have been declared as technically qualified. According to the petitioner-M/s Lakshmi Transport Company, EMD of M/s Pritam Bus Service was forfeited by J&K Police Headquarters in the contract allotted to the said firm which fact has been suppressed by M/s Pritam Bus Service while submitting its bid and that the said concern has also filed a false affidavit in this regard.
Learned counsel appearing for (M/s Pritam Bus Service) has disputed the aforesaid position as it has been submitted that there was no forfeiture of EMD nor work was allotted on risk and costs of the said concern therefore there was no violation of any tender condition.
Regarding M/s Galaxy Transport Agencies, the claim of petitioner-M/s Lakshmi Transport Company, is that the vehicles offered by said agency were not having valid fitness certificate and as such the said agency was not technically qualified. It has been submitted by learned counsel for M/s Lakshmi Transport Company that a detailed complaint was made by the petitioner with respondent-J&K RTC but no action has been taken
Having regard to the controversy involved in this petition, the same can be disposed of at this stage by extending appropriate direction to the official respondents more particularly J&K RTC to consider and decide the complaint made by the petitioner-M/s Lakshmi Transport Company.
Accordingly, both the writ petitions are disposed of with a direction to the employer namely J&K RTC to decide the representation/complaint made by M/s Lakshmi Transport Company with regard to qualification of M/s Galaxy Transport Agencies, Batamaloo, Srinagar and M/s Pritam Bus Service, Jammu expeditiously, whereafter the decision shall be conveyed to the petitioner-M/s Lakshmi Transport Company. Till such time a decision on the complaint of the petitioner is taken by the employer, the financial bids shall not be opened. Entire exercise shall be undertaken by the employer within a period of ten days from today.
Disposed of as above.