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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, C.J, TUSHAR RAO GEDELA
Digitech Call System Pvt. Ltd – Appellant
Versus
India Post Payments Bank Ltd – Respondent
| Table of Content |
|---|
| 1. filing of the writ petition and factual background. (Para 1 , 2) |
| 2. legal arguments by the petitioner regarding unfair eligibility criteria. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. respondent's contentions regarding the legality of the rfp. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. court's observations on statutory provisions and legal precedents. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 5. conclusion dismissing the writ petition but directing compliance with previous ruling. (Para 40) |
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. Present petition has been filed under Article 226 of the Constitution of India, 1950, inter alia, seeking the following reliefs:-
“a) Issue a writ, order, direction in the nature of certiorari, quashing and setting aside the following clauses of the RFP dated 04.09.2025 floated by the Respondent No. 1, through the GeM portal by way of Bid Document bearing Bid No. GEM/2025/B/6646167, for the selection of Service Provider for Contact Centre/Call Centre Operations:-
i. Sl. No. 1 of Section B of the Table at Annexure 3 of Clause 3.2 of the RFP which provides that the bidder should have a minimum ave
The court upheld that stringent eligibility criteria in public procurement for critical operations are lawful and necessary, allowing no exemptions for MSMEs when justified by the operational context....
Court emphasized the limits of judicial intervention in tender processes, maintaining that eligibility criteria must be rational and not arbitrary. The absence of merit in the petition led to its dis....
The authority of the tendering body to determine the terms and conditions of the tender, the limited scope of judicial review in tender matters, and the principle of judicial restraint in administrat....
(1) Mandatory procurement by Government – There is no mandatory minimum procurement ‘right’ of an individual MSE.(2) Judicial Review – Power of judicial review in matters concerning implementation of....
Judicial review is permissible in tender matters only to prevent arbitrariness; criteria should ensure fairness and cannot favor specific bidders without rational basis.
The court affirmed that stringent eligibility criteria in public tender processes cannot violate statutory relaxations for Start-ups, emphasizing limited grounds for judicial review.
Judicial review in tenders limited to mala fides, arbitrariness, irrationality impacting public interest; courts defer to authority's interpretation of eligibility unless perverse.
In procurement matters, minimum eligibility criteria set by State authorities must be reasonable and not arbitrary; courts should exercise restraint in judicial review of such criteria.
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