A Division Bench of the Jammu & Kashmir and Ladakh High Court expunged an observation that a bidder’s technical offer was non-responsive because the competent authority had not yet taken its final decision.
Judge / Bench — Hon’ble Dr. Pushpendra Singh Bhati, Chief Justice, and Hon’ble Mr. Justice Rajesh Sekhri, Judge
The Single Judge’s interlocutory order otherwise left the tender process for administrative determination. On the Government’s acknowledgment that consideration remained ongoing, the Bench removed the conclusive-sounding sentence to prevent prejudice or confusion, while retaining the authority’s freedom to decide lawfully. All parties could advance their merits submissions before the authority and the Single Judge. The appeal did not result in acceptance of the bid or a final finding on responsiveness. The order assists tender practice where an interim judicial description risks being treated as a concluded determination of an unresolved evaluation.
Case — M/s Star Transport through Masood Ahmad v. UT of J and K through Commissioner Secretary Transport Department Jammu and others · LPA No. 215/2026 · 2026-10-13 · Jammu wing
Advocates appearing — Appellant — Mr. Zaffar Shah, Sr. Advocate, with Mr. Parimoksh Seth, Advocate (through VC), and Mr. A. Hanan, Advocate. Respondents — Ms. Meenakshi Slathia, Dy. AG (through VC); Mr. Karman Singh Johal, Advocate (identified in the body as counsel for the private respondents).