WPMS/744/2023
2023 Latest Caselaw 729 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


             WRIT PETITION (M/S) NO. 744 OF 2023

                             21ST MARCH, 2023

Between:

Trilok Singh Bargali                          ......           Petitioner

and

State of Uttarakhand & others                 ......          Respondents


Counsel for the petitioner        :    Mr.   Birendra    Singh   Adhikari,
                                       learned counsel

Counsel for the respondents       :    Mr. S.S. Chauhan, learned Deputy
                                       Advocate General for State of
                                       Uttarakhand / respondents


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The petitioner has preferred the present petition

to challenge the condition-I, where under, minimum two

years experience of food grain transportation in Food and

Supply Department of the respondent has been prescribed as

a qualifying condition.


2)           The    submission        of   learned   counsel     for    the

petitioner is that this condition was not prevalent, when

tenders were issued in the Financial Year 2018-19 and 2019-

2020.     This condition was introduced from Financial Year

2020-2021 onwards. Mr. Adhikari submits that this condition
                               2




would oust not only the petitioner, but other contractors

having less than two years experience of working with the

Food Supply Department.


3)         We have examined the said condition, and the

submission of Mr. Adhikari.


4)         We do not find any merit in the aforesaid

submission. The past experience of two years prescribed by

the respondents cannot be said to be unreasonable. It is for

the respondents to stipulate the eligibility criteria, and

experience requirements, while inviting the tenders. It is not

the case of the petitioner that with the prescription of the

aforesaid condition, there would not be much competition,

since there are several contractors, who have such past

experience of two years for working in the food grain

transportation for Food Supply Department of the State.


5)         For the aforesaid reasons, we are not inclined to

interfere with the aforesaid condition in the tender issued by

the respondent on 04.03.2023.


6)         The petition is, accordingly, dismissed.




                                         ________________
                                        VIPIN SANGHI, C.J.


                                    _________________
                                    ALOK KUMAR VERMA, J.

Dt: 21st MARCH, 2023 Negi