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DELHI HIGH COURT
VIPIN SANGHI, REKHA PALLI
Centre for Aviation Policy, Safety and Research Capsr – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to rfps for ground handling services (Para 1 , 2 , 3 , 5 , 7 , 8 , 9) |
| 2. claims of exclusionary and arbitrary criteria (Para 15 , 16 , 17 , 18 , 19) |
| 3. defense against petition's claims (Para 20 , 21 , 22 , 23) |
| 4. observations on legal reasoning and public policy (Para 25 , 26 , 27 , 29) |
| 5. judicial decision on discriminatory criteria (Para 52 , 53) |
| 6. conclusion and quashing of the rfp (Para 54) |
JUDGMENT
Rekha Palli, J. The present writ petition under Article 226 of the Constitution of India, filed by the Centre for Aviation Policy, Safety and Research (CAPSR), seeks quashing of the Requests For Proposal (RFPs) issued by the respondent no.2 for engaging agencies to provide Ground Handling Services at Groups C and D airports. The impugned RFP in respect of Group C airports was issued on 15.04.2020 bearing tender ID 2020_AAI_54002_1, whereas the impugned RFP of Groups D-1 and D-2 airports were issued on 28.07.2020 bearing tender ID 2020_AAI_46811_1.
2. The petitioner, a non-profit organization registered in 2012, claims to be carrying out independent research, advisory and advocacy in the field of civil aviation. As per the petitioner, its members comprise o
The prescribed eligibility criteria for ground handling services were found to be arbitrary and discriminatory, violating the principles of fair competition and undermining support for micro and smal....
The Court held that the eligibility criteria prescribed in the impugned RFPs were arbitrary and discriminatory, and violated the principles of natural justice. The Court also held that the tender con....
Tender – Terms and conditions of Invitation to Tender are within domain of tenderer/tender making authority and are not open to judicial scrutiny, same being in realm of contract, unless they are arb....
Bidders must strictly adhere to stipulated financial eligibility criteria in tenders; altering bids after submission undermines the integrity of the bidding process.
Eligibility criteria in public tenders can restrict competition based on objective assessments of capacity, and courts should defer to tendering authorities unless conditions are arbitrary or detrime....
It is well-settled that Courts are not meant to vet tender conditions and rewrite the same based on their own understanding, unless the conditions are manifestly arbitrary or smack of mala fide.
The main legal point established in the judgment is that the rights of existing GHAs to continue providing services were safeguarded by the court's various orders, but the appellants did not have an ....
The court upheld that tender eligibility criteria should not be excessively onerous and affirmed that judicial interference is limited to cases where terms are arbitrary or discriminatory.
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