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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Triveni Healthcure Private Ltd. – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. non-grant of relaxations violates constitutional provisions. (Para 1 , 3 , 4 , 12) |
| 2. petitioner's ineligibility for relaxation under policies. (Para 5 , 10 , 18 , 22 , 24) |
| 3. dismissal of petition and costs overview. (Para 8 , 9 , 11 , 39) |
| 4. conditions for granting relaxations clearly defined. (Para 15 , 17 , 19 , 21 , 23 , 28 , 32) |
| 5. safety in public procurement trumps relaxed conditions. (Para 35 , 38) |
JUDGMENT :
Satish Chandra Sharma, C.J. The petitioner before this Court is a Private Limited Company incorporated in the Companies Act, 1956 and is registered as a Start-up Company vide registration Certificate issued by Department of Promotion of Industry and Internal Trade dated 24.07.2020. The petitioner has filed the present petition being aggrieved by the inaction on the part of the respondents in providing relaxation for the Start-ups in terms of the policies and circulars issued by the Government of India from time to time.
2. The petitioner's contention is that Rajiv Gandhi Super Speciality Hospital is an autonomous institute under the Government of National Capital Territory of Delhi (hereinafter referred as GNCTD) and has issued tenders dated 12.04.20
The court upheld the denial of relaxations in tender conditions for Start-up procurement in healthcare based on public safety, affirming that such decisions are not unconstitutional.
The court emphasized that the safety of patients is of paramount importance and upheld the discretion of the tender authority in framing tender conditions.
It categorically provides all Central Ministries/Departments may relax condition of prior turnover and prior experience with respect to MSME in all public procurements subject to meeting of quality a....
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
The central legal point established in the judgment is that startups claiming exemptions in government procurement processes must comply with the specific requirements outlined by the state's startup....
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