The court ruled that a tender condition disqualifying bidders based on pending FIRs is unconstitutional, violating Articles 14 and 19(1)(g), emphasizing the presumption of innocence and due process in procurement.

JUDGMENT :

V. KAMESWAR RAO, J.

CM APPL. 54020/2025 (for taking on record additional documents)

1. For the reasons stated in the application, the same is allowed. The additional documents are taken on record.

2. The application stands disposed of.

W.P.(C) 13179/2025 and CM APPL. 64121/2025

3. This petition has been filed with the following prayers:

“a) Issue a writ of certiorari or any other appropriate writ, order, or direction, calling for records & to quash/set aside/strike off the impugned Notice Inviting Tender (NIT) bearing Tender Enquiry No. NCI- 47/DTM/2024-25 dated 25.07.2025 issued by Respondents Annexed as Annexure P – 2.

b) To quash the impugned Notice Inviting Tender (NIT) dated 25.07.2025 as it imposes the disqualification condition requiring that “the bidder should submit an undertaking that no FIR/criminal proceedings are pending against them,” and declare the said condition as arbitrary, unconstitutional, unreasonable and disproportionate being violative of Article 14, 19(1)(g) & 21 of the Constitution of India, being repugnant to the fundamental principle of presumption of innocence ingrained in Indian criminal jurisprudence.

c) Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the Respondents to process the Petitioner’s already scrutinised and negotiated L1 bid in Tender Enquiry No. NCI- 47/DTM/2024-25 dated 06.12.2024, and issue the purchase order in accordance with law.

d) Direct the Respondents to refrain from taking any coercive or adverse action against the Petitioner, including but not limited to blacklisting, termination, or discontinuation of business relations, solely on account of the pendency of CBI-FIR No. RC0062024A0019 dated 23.07.2024, in which the Petitioner has neither been implicated as a prime accused nor has any adverse finding been made against it.

e) Grant any other relief( s) that this Hon'ble Court may deem just and proper in the facts and circumstances of the case.

4. The primary challenge in this petition is to a Notice Inviting Tender (NIT) bearing Tender Enquiry No. NCI-47/DTM/2024-25 dated 25.07.2025 issued by the respondents - All India Institute of Medical Sciences (AIIMS). The petitioner is seeking a direction to the respondents to process the already scrutinized, negotiated and concluded L1 bid in Tender Enquiry No.NCI-47/DTM/2024-25 dated 06.12.2024.

5. The case of the petitioner is that it is a leading private limited company engaged in specialised fields such as Cancer Diagnostics, Life Sciences, Transplant Diagnostics, Reproductive Health, Proteomics, and Genomics. Over the last two decades, it has established itself as a key supplier and service provider of advanced diagnostic and research solutions to premier institutions across India, with its products widely used in fertility clinics, ART centres, hospitals, universities, and research institutes. The respondent No.1 is AIIMS, New Delhi, a premier medical institution of national importance, established under the All-India Institutes of Medical Sciences Act, 1956. The respondent No.2 is the National Cancer Institute (NCI), which functions as an integral part of the respondent No.1.

6. At the outset, we may narrate the facts leading to the present controversy as seen from the petition. The respondents invited a Tender through the Central Public Procurement (CPP) Portal for the procurement of Digital PCR Systems through NIT vide Tender Enquiry No. NCI- 47/DTM/2024-25, dated 25.07.2025 (second Tender), suppressing the previously floated Tender NCI-47/DTM/2024-25 dated 06.12.2024(first Tender) wherein the petitioner had already