Court allowed writ petition challenging rejection of physical bid under e-Procurement rules. Held tender documents did not mandate both online and physical submission. Ordered authority to process petitioner's bid.
Petitioner's bid to be considered and processed if found otherwise qualified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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AKSHAYA PATRA FOUNDATION ..... Petitioner Through: Mr.Rajiv Nayyar, Sr. Advocate with Ms.Yugandhaka Pawar Jha, Mr.Kunal Verma, Mr.Sooraj Sharma, Mr.Gautam Mohanty, Ms.Bhagya K. Yadav, Ms. Tia Majumbar & Mr.Vipin Agrawal, Advocates.
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS ..... Respondents Through: Mr. Sanjay Ghose, ASC, GNCTD with Ms. Urvi Moha, Advocate. Mr. Kirti Uppal, Sr. Advocate with Mr.K.B. Upadhya, Advocate.
CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R % 22.01.2019
CM Appl. 2982/2019 ( exemption )
Exemption allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) 666/2019 & CM Appl. Nos. 2981/2019
for supply of mid-day meals to the students of Government and Government aided schools. The petitioner's grievance is that its bid has been rejected on the ground that it had submitted the bid physically, and not online.
“In the meeting held on 27.11.2018 all the Bids/Applications were re-scrunitinzed and after detailed discussions it was decided by the Committee that:-
1. Four applicants [1. Akshaya Patra Foundation (Badli), 2. Akshaya Patra Foundation (Mohan Co-operative), 3. Akshaya Patra Foundation (Jahangir Puri) & 4. Jay Gee Humanitarian Society)] have submitted bids offline but have not submitted the same online. It was also noted that 01
applicant [Sagar International] has submitted bid online but has not submitted EMD. However, it was clearly mentioned in the advertisement notice (RFP) under the heading Miletone dates of Electronic Selection process:-
W.P.(C) 666/2019
Page 2 of 4
| I | Downloading of |
Start dated |
|---|---|---|
| Request for proposal document |
25.09.2018 at 10.00 a.m. last date 24.11.2018 at 4.00P.M. |
|
| iv | Date of submission of Request of Proposal online |
Up to 24.10.2018 at 4.00P.M. |
| v | Physical submission of RFP |
24.10.2018 at 4.00 P.M. |
The above was also a part of online uploaded RFP document. Further, it was also mentioned in the advertisement notice as “The Bid document can be downloaded from the website https://govtprocuremnet.delhi.gov.in. However for general information, guidance and reference, the Bid Document can also be viewed and downloaded from Directorate of Education website http://edudel.nic.in ”. In response, department has received 58 online applications.
The committee decided that this being violation of GFR Rules/ IT Department GNCTD circular number No. F.10(9)/2007/IT/3725-45 dated 02/07/2009 (which mandates compulsory Implementation of e-Procurement system for all tenders over ₹ 2 Lakhs) and accordingly applications of these bidders/applicants. [1. Akshaya Patra Foundation (Badli), 2. Akshaya Patra Foundation (Mohan Co-operative), 3. Akshaya Patra Foundation (Jahangir Puri), 4. Jay Gee Humanitarian Society,)] need to be rejected summarily and accordingly Committee decided to recommend the same.”
Page 3 of 4
upon it to so instruct bidders in clear and unambiguous terms. An interpretation of the tender documents which requires bidders to comprehend an unexpressed intention to this effect, failing which they would be disqualified, is entirely unreasonable and manifestly arbitrary. The petitioner is, therefore, entitled to consideration of its bid, if otherwise qualified.
S. RAVINDRA BHAT, J
PRATEEK JALAN, J
JANUARY 22, 2019/ „pv‟ W.P.(C) 666/2019
Page 4 of 4
3 issues framed by the court
Whether rejection of bid due to physical submission despite tender linking online submission to e-Procurement rules was arbitrary.
Whether court can direct authority to consider impaired bid if otherwise qualified.
Whether rival bidders can claim interest in illegal disqualification of competitor.
Akshaya Patra Foundation
Government of National Capital Territory of Delhi
S. Ravindra Bhat
Prateek JHalan
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
