SURINDER SINGH MANHAS vs UT OF J AND K TH. PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATI RAJ DEPARTMENT AND OTHERS

Court
Jammu and Kashmir High Court

27
HIGH COURT OF JAMMU, KASHMIR & LADAKH

AT JAMMU



WP(C) No. 2789/2026





Surinder Singh Manhas …..Appellant(s)/Petitioner(s)


Through: Mr. Jagpaul Singh, Adv.

vs


U. T. of J&K and others .…. Respondent(s)

Through: Mr. Raman Sharma, AAG with
Ms. Saliqa Sheikh, Adv.




Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE


ORDER
07.09.2026


1. The petitioner, through the medium of present petition, has challenged
the financial bids/financial evaluation dated 31.08.2026 insofar as the
same relates to exclusion/non-consideration of his bid pursuant to e-NIT
No. 255-REWJ of 2026-2027. A further direction commanding upon
respondent Nos. 1 to 4 to consider the bid of the petitioner, has also
been sought.
2. Heard learned counsel for the parties and perused the record.
3. It appears that respondent No. 2 had floated e-NIT No. 255-REWJ of
2026-2027 dated 24.07.2026 inviting online percentage-rate bids for
various civil development works under the District Capex Budget
PRI(Panchayat Level) for the financial year 2026-2027 in Block Marh,
District Jammu.

4. The petitioner responded to said e-NIT and submitted his bid through
online e-procurement system within the prescribed time. According to
the petitioner, he had quoted lowest competitive rates and he was
expecting that his bid would be evaluated along with the bids of the
other eligible participating contractors. However, the respondents
excluded the petitioner from the financial bid without notifying to the
petitioner with regard to the reasons for his exclusion.
5. It has been submitted that the petitioner has come to know that his bid
was not considered on the ground that he had not written the serial
number or the exact name of the work clearly on the front side of the
uploaded Call Deposit Recept(CDR). It has been contented by the
petitioner that the condition with regard to the writing of serial number
or the exact name of the work on the front side of the uploaded CDR
was not a essential condition of the tender, as such, it was not open to
the respondents to exclude the financial bid of the petitioner.
6. It has also been contended that even otherwise the petitioner had
specifically mentioned the name of the work along with complete
details on the treasury challan, as such, the respondents could have
easily gathered the particulars of the works with regard to which the
petitioner had submitted his bid. Thus, according to the petitioner, the
impugned action of the respondents is arbitrary in nature.
7. In the above context, Clauses 6 and 7 of the Conditions of the tender,
are relevant. The same are reproduced as under:
WP(C) No. 2789/2026 Page 2 of 5

“6. Tender Fee/Cost of Tender Document Frame work The
cost of the tender document must be recovered strictly in
accordance with GFR 2017 and applicable J&K Financial Rules.
• Non-Refundability : The tender fee is strictly non-refundable.
• Payment Mode : The bidder shall deposit the tender fee in the
shape of a treasury challan, securely credited to Major Head
0515 (Revenue).
• Challan Specificity : Thee-challan must explicitly mention the
name of the work, the precise e-NIT number, and the ID/Serial
Number of the work, favoring the Executive Engineer REW
Division Jammu.
• Reuse of Treasury Challan only : In case of retender, the
previously uploaded treasury challan can be reused for the same
work. The new eNIt No and serial number of the work must be
mentioned clearly without erasing or overwriting the existing
details.

7. Earnest Money Deposit (EMD) / Bid Security Details To
ensure serious participation, bids must be accompanied by an
Earnest Money Deposit(EMD) mathematically equivalent to
exactly 2% of the advertised cost of the tender.
• Format : The EMD must be strictly in the shape of a Call
Deposit Receipt (CDR) or Fixed Deposit Receipt (FDR)
originating from a recognized scheduled commercial lbank and
in case on online CDR the same shall be notified in the e-
NIT/circular.
• Labeling Requirement : It is a strict mandatory requirement
that the bidder writes the e-NIT Number, Serial Number or the
exact Name of the Work clearly on the front side of the
uploaded CDR/FDR.
• In case of retender, the previously uploaded EMD can be
reused for the same work. The new e-NIT No and serial number
of the work must be mentioned clearly without erasing or
overwriting the existing details.”

8. From a perusal of the contents of Clause 6, it is clear that a bid has to be
accompanied by a tender fee in the shape of a treasury challan securely
credited to Major Head 0515(Revenue). It further provides that the
challan must explicitly mention the name of the work, the precise e-NIT
number, and the ID/Serial Number of the work, favoring the Executive
Engineer REW Division, Jammu. In the present case, the petitioner has
complied with the said condition by tendering the fee by way of a
treasury challan in which all the aforesaid particulars are clearly
depicted.
WP(C) No. 2789/2026 Page 3 of 5

9. Clause 7 of the conditions makes it mandatory for the bidder to write
the e-NIT Number, Serial Number or the exact name of the work clearly
on the front side of the unloaded CDR/FDR. The petitioner has placed
on record a copy of the CDR. A perusal of the same would reveal that
only the e-NIT number is mentioned in the said CDR. Serial number or
the exact name of the work is admittedly not mentioned in the CDR.
10. The question that arises for determination is whether mentioning of
serial number or the exact name of the work on the front side of the
CDR was a mandatory condition of the tender.
11. In Clause 6 of the Condition, it has been emphasized that the said
condition is a strict mandatory requirement. It is not for this Court to
interpret the said condition in a manner as may be deemed reasonable
by this Court. Interpretation of a tender condition in a particular manner
is not a subject matter of judicial review. The Courts cannot interfere
with the tender conditions prescribed by the employer just because it
feels that the said terms of the tender would have been more fair, logical
or wiser. The terms of a tender document are not open to the judicial
scrutiny unless it is found that the same have been tailor made to the
benefit of any particular tenderer or class of tenderers.
12. It is for the employer to relax any tender condition or to treat a
condition as an ancillary as against a mandatory condition. The Court
cannot substitute its own opinion for the opinion of the employer. Once
it is clearly written in the tender conditions that writing of serial number
or the exact name of the work on the front side of the uploaded CDR is
WP(C) No. 2789/2026 Page 4 of 5

strictly mandatory requirement, this Court cannot substitute its own
view by relaxing the said condition merely because the petitioner has
been undone by the said condition.
13. For what has been discussed hereinbefore, I do not find any merit in this
petition. Accordingly, the same is dismissed.

(SANJAY DHAR)
JUDGE

Jammu
07.09.2026
Rakesh PS
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No

Rakesh Kumar
2026.09.11 09:41
I attest to the accuracy and
integrity of this document
Jammu
WP(C) No. 2789/2026 Page 5 of 5