Jammu & Kashmir High Court Srinagar Bench R6 Technologies Private vs High Court on 5 August, 2024 Sr. No. 01 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on:19.07.2024 Pronounced on: 05.08.2024 Case:WP(C) No. 1347/2024 CM No. 3662/2024 1. R6 Technologies Private .....Petitioner(s) Limited Through its Managing Director/Chief Executive OfficerRiyaz Amin Malik, Age 63 years, S/o Late Mohammad Amin Malik, R/o H. No. 15 Shadab Avenue, Sector6, Gulberg Colony, Hyderpora, Srinagar. Through: Mr. Danish Majid Dar & Mr. Bhat Shafi, Advocates. Vs HIGH COURT 1. O F J Aits UT of J&K Through MMU & KASHMIR AND ..... Respondent(s) Chief Secretary, Civil Sectt., LADAKH Srinagar; 2. Commissioner Secretary to Govt., Science and Technology Deptt., Tawanai Ghar, S.D.A. Colony, Bemina, Srinagar; 3. Mr. Prithvi Raj Dhar, Chief Executive Officer, J&K Energy Development Agency Tawanai Ghar, S.D.A. Colony, Bemina, Srinagar. Through: Mr. S.S. Kala, AAG. JUDGMENT 1. The instant petition has been preferred by the petitioner being aggrieved by the Tender bearing No. JKDASLR0RTS/6/2024/8517 dated 2 WP(C) No. 1347/2024 12.06.2024 (for short, „the impugned tender‟) issued by the respondent No. 3, the Jammu and Kashmir Energy Development Agency (JAKEDA),whereby ebids for the supply, installation and commissioning of grid connected rooftop solar photovoltaic power plants on Government buildings in the UT of J&K were invited. 2. The petitioner though the medium of the instant petition has sought the following reliefs: (i) Issue an appropriate writ, order or direction of Certiorari quashing the impugned Tender bearing C No. JKDA SLRORTS/6/2024/8517 dated 12.06.2024 issued by the respondent No. 3; (ii) Issue an appropriate writ, order or direction of mandamus to the respondent No. 3 commanding him to reissue the tender with fair, rational and inclusive eligibility criteria, ensuring equal participation opportunities for all local vendors; OF JAMMU & KASHMIR AND H I GLHA DCAOKUHR T (iii) Issue an appropriate writ, order or direction directing the respondent No. 3 to take a final decision on the respondent dated 19.06.2024 of the petitioner and until such time, the tender process initiated pursuant to the impugned tender bearing C No. JKDASLRORTS/6/2024/8517 dated 12.06.2024 issued by respondent No. 3 shall not be finalized; (iv) Any other relief which this Hon‟ble Court may deem fit and proper in the attending circumstances of the case be issued in favour of the petitioner and against the respondents in the interests of justice." BRIEF FACTS OF THE CASE 3. Before going into the genesis of the controversy in hand, it is necessary to get overview of the scheme, which has outlined the basis of the tender, which is impugned in present case. The origin of the impugned tender 3 WP(C) No. 1347/2024 started with the union budget for the fiscal year 202425, released in February, 2024, wherein the Government of India had allocated a specific budget of Rs. 150 Crores for renewable energy projects in the UT of J&K. This significant budgetary provision underscores the Union of India‟s commitment to promote renewable energy initiatives and addressing climate change issue comprehensively. 4. Since India is committed to several key international treaties aimed at combating climate change including the United Nations Framework Convention on Climate Change (UNFCCC), ITS Kyoto Protocol (KP) And Paris Agreement (PA), these international commitments obligate India to undertake substantial measures to mitigate greenhouse gas emissions and promote sustainable development. In alignment with these obligations, a detailed roadmap for maximizing energy harvesting O F J A M Mfro