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Judgment
For the reasons detailed out in the application, the same is allowed and the requirement of affixing the court fee is dispensed with.
CM disposed of.
In this petition, the petitioner has assailed an e-tender issued by the respondent University vide its No.F(E-RENDER/GENADMK) KU/20 dated
20.08.2020, whereby e-bids have been invited from reputed and Government registered agencies for providing manpower to the University on out-
source basis. The petitioner also seeks an appropriate direction to the respondents to allow the petitioner to supply manpower in Boys Hostel, Girls
Hostel, Education Department, EMRC Department and Center of Studies of the Kashmir University. A further direction has been sought to the
respondents to release the contract amount to meet the salaries of the outsourced staff engaged by the petitioner for the University.
The impugned NIT has been called in question primarily on the ground that during the year 2019 pursuant to similar e-tender the contract for supply
of manpower on outsource basis was allotted to the petitioner and an agreement in this regard was executed between the petitioner and the
respondent University on 5th March, 2019. However, the respondent University particularly its departments did not engage the services of manpower
provided by the petitioner and, therefore, acted in breach of the agreement. It is submitted that even the amount which is payable to the petitioner on
account of the salaries to the manpower supplied has not been released. The grievance of the petitioner as projected in this petition is that so long as
his representations submitted to the respondent University from time to time are not settled and a further period of one year is given to the petitioner to
supply the manpower at least in the case of departments which had not permitted the petitioner to provide the staff, the respondents should not be
allowed to retender the work.
In short, the grievance of the petitioner is that respondents have acted in breach of the agreement and, therefore, are not entitled in law to issue
fresh NIT.
Heard learned counsel for the petitioner and perused the record.
It is seen that the contract for supply of manpower to the respondent University is regulated by a written agreement executed between the parties
on 5th March, 2019. Amongst various other clauses, the agreement clearly provides that the contract period would commence from 1st April, 2019
and end on 31st March, 2020. In that view of the matter, the contract period for which the petitioner was allotted the work of supply of manpower is
over. The grievance of the petitioner that there has been breach of agreement by the respondent University is something which cannot be gone into by
this Court in the writ proceedings. The remedy lies somewhere else. However, in case the agreement has been faithfully executed by the petitioner
and there is no dispute with regard to the contract between the parties, the payment, which the respondent University does not dispute, is required to
be released in favour of the petitioner.
For the above reasons, this Court is not inclined to entertain this petition. The same is thus dismissed. However, as observed above, in case the
petitioner has performed his part of agreement faithfully and strictly in terms of the agreement executed between the parties and there is some
payment admittedly due, the same shall be released by the respondent University.