Excelsior Correspondent
Srinagar, June 19: The High Court has given go ahead to Food, Civil Supplies and Consumer Affairs (FCS&CA) for transportation and supply of food grains and sugar to Fair Price Shops (FPSs) and Government sale depots in district Doda.
Justice Sanjeev Kumar rejected to quash the order of FCS&CA whereby the transportation and supply of food grains and sugar to FPSs and Government sales depots was allotted.
Justice Kumar concluded that there is no merit in the petition and dismissed the same along with connected applications by recording that the aggrieved person is otherwise ineligible to participate in the process in question for the reason that he was not holding a valid license issued by the competent authority under rules.
The order No.837-44/FCS&CA/D/2021-2022 dated April 24, 2021, whereby the official of FCS&CA have allotted the process of transportation of food grains/sugar from the feeding stores to the Fair Price Shops and Government sale depots in and around the territorial jurisdiction of Doda.
“It is true that license under Rule 127(2) of the J&K Motor Vehicle Rules, 1991, has been issued in favour of a Company on 22nd of February, 2021 but the respondent no.5 has also uploaded a certificate issued by the FCS&CA indicating that the respondent No.5 (selected company ) had executed the similar contract involving transportation of food grains worth Rs 2 crores and 47 lakhs during last three years for the period 2017-2018, 2018-2019 and 2019-2020”, Court added.
FCS&CA pleaded that the selected company being MSME was eligible for relaxation in experience and annual turnover as per the Policy Circular issued by Ministry to Micro, Small and Medium Enterprises (MSME) and Office Memo dated 25th July, 2017, issued by the Ministry to Finance.
“In that view of the matter, the contention of counsel for the aggrieved person that the company selected for transportation was lacking eligibility is not tenable and, therefore, cannot be accepted”, Justice Kumar said.
Court after having heard both the parties at length and after perusal of the record said, the aggrieved persons has no case on merits and he must fail in his plea for having approached this Court belatedly.
Assistant Director FCS&CA Doda had issued the process of for transportation of food grains to Fair Price Shops and Government sale depots under his jurisdiction of Assistant Director, for the years 2021-2022 and 2022-2023 and the Evaluation Committee constituted by the Department of FCS&CA had accepted the offer of the selected company who was declared technically qualified by the official for the assignment.
The Evaluation Committee also found that the experience of the aggrieved person was not authenticated and was not carrying any reference number or date, as was the requirement in terms of clause (t) of the process for transportation of food grains.
Since the rates quoted by selected company were 30.79% lesser than the approved rates of 2019-2020 and the Evaluation Committee approved and accepted his offer for the assignment in the larger interests of public exchequer as well and as such was awarded the work for transportation and supply of food grains to FPSs and Government Sales Depots.
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