The Court directed that the petitioner's bid for midday meal supply must be evaluated on its merits. The Government cannot permanently disqualify the petitioner for past contract cancellations that lacked a formal blacklisting order or opportunity of hearing.
Bid to be evaluated on merits; directions issued accordingly.
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THE PEOPLES WELFARE SOCIETY ..... Petitioner Through: Mr.K.B.Upadhyay & Mr.Pallavi Rawat, Advocates
versus
GOVT. OF NCT OF DELHI ..... Respondent Through: Mr.Satyakam, ASC with Mr.Rajesh Sharma, Mid-day Meal, DoE, GNCTD
CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R % 18.01.2019
W.P.(C) 434/2019
Page 1 of 4
tender condition relating to disqualification reads as follows:
| Sl. No. |
Condition | Requirement | Documents required |
|---|---|---|---|
| xxxx xxx |
x xxxx xx |
xx | |
| 3. | Applicant Organization, whose work order has been terminated/suspended |
Applicant Organization, whose work order has been terminated/ |
An affidavit that the applicant Organization has never been |
| by Directorate of Education for supply of contaminated meal or who has been blacklisted by Directorate of |
suspended by Directorate of Education for supply of contaminated meal or who has been blacklisted by |
blacklisted by Directorate of Education, GNCT of Delhi or any Department of GNCT of Delhi or |
|
| Education, GNCT of Delhi or any Department of GNCT of Delhi or who has been blacklisted by any Department of Govt. of India due to any mishap/illness of consumers/untoward incident/any other reason, cannot apply, if their Blacklisting/ termination/ Suspension is valid on the date of submission of application. xxxx xxx |
Directorate of Education, GNCT of Delhi or any Department of GNCT of Delhi or who has been blacklisted by any Department of Govt. of India due to any mishap/ illness of consumers/ untoward incident/ any other reason, cannot apply, if their Blacklisting/ termination/ suspension is valid on the date of submission of application. x xxxx xx |
has never been blacklisted by any Department of Govt. of India OR an affidavit that the applicant‟s Blacklisting is not valid on the date of submission of application. An affidavit that the work order for supply of Mid Day Meal of applicant Organization has never been suspended/ terminated by Directorate of Education, GNCT of Delhi. xx |
Page 2 of 4
W.P.(C) 434/2019
Page 3 of 4
However if, it is further inferred that the petitioner cannot be considered for award of tender at all by GNCTD, in the opinion of the court, that is arbitrary and cannot be countenanced. Concededly, no blacklisting order was made against the petitioner; in any event, it was not made known to the petitioner.
S. RAVINDRA BHAT, J
PRATEEK JALAN, J
JANUARY 18, 2019 „hkaur‟
Page 4 of 4
W.P.(C) 434/2019
2 issues framed by the court
Whether the petitioner's past contract cancellation due to unhygienic food supply without a formal blacklisting order bars its future tender bids?
Whether the Government's refusal to evaluate the petitioner's bid solely on past allegations without a valid blacklisting order is arbitrary?
The Peoples Welfare Society
Govt. of NCT of Delhi
S. Ravindra Bhat
Prateek Jalan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
