Back
DELHI HIGH COURT
VIPIN SANGHI, REKHA PALLI
Shakti Jan Sudhar Samiti, Delhi (NGO) – Appellant
Versus
Delhi Urban Shelter Improvement Board – Respondent
JUDGMENT
Vipin Sanghi, J. The present writ petition under Article 226 of the Constitution of India assails the Eligibility and Turnover Criteria prescribed in 24 Notices Inviting Tenders (NITs) issued by the Respondent/Delhi Urban Shelter Improvement Board (DUSIB), GNCTD between 11.02.2021 to 15.02.2021 for operation, management, and maintenance of Jan Suvidha Complexes.
Brief Facts:
2. The Petitioner society is an NGO registered under the Societies Registration Act, 1860 and claims to have been carrying out the operation, management, and maintenance of Jan Suvidha complexes since 09.07.1998. The Respondent/Delhi Urban Shelter Improvement Board (DUSIB) has been constructing Jan Suvidha complexes for providing basic civic amenities to the citizens of Delhi, especially in the slum areas. Over the years, Jan Suvidha Complexes have been allotted to various NGOs/private companies through issuance of tenders by the Respondent, where the tendered work mainly revolves around the operation, management and maintenance of these complexes.
3. Initially, these Jan Suvidha complexes were available to the public only on a "Pay and Use" basis, which required them to pay a nominal charge for us
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.
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.
Judicial review of tender criteria is limited to instances of proven arbitrariness or discrimination; valid justifications for increased financial thresholds can be upheld to promote efficiency and e....
The imposition of arbitrary turnover requirements in tender processes, lacking rational justification, violates Articles 14 and 19(1)(g) of the Constitution, ensuring fair opportunity and competition....
Eligibility criteria in tenders must be reasonable and serve public interest, and courts will not interfere unless proven arbitrary or malicious.
The court emphasized the mandatory nature of tender conditions and upheld the decisions of the Tender Evaluation Authority and the Appellate Authority, emphasizing the settled legal position that the....
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
