Tender eligibility criteria can legally disqualify bidders based on pending criminal proceedings, reflecting public interest, even without prior conviction, affirming judicial restraint in administrative decisions.

JUDGMENT :

NITIN WASUDEO SAMBRE, J.

1. Since the issue involved in both these writ petitions is identical, both the writ petitions are tagged and heard together, by consent of the respective counsels and are disposed of by this common judgment.

2. For the purpose of convenience, the facts in W.P(C) No.1019 of 2026 are taken into account.

3. In the petition, the petitioner has come out with the following prayers:-

“(a) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned eligibility condition contained in the tender dated 15.01.2026 and Last date and time for tender dated 09.02.2026. floated by Respondent No.1 under the heading ‘Eligibility Condition relating to Criminal Proceedings’, to the extent it disqualifies bidders solely on the basis of registration of FIR and/or filing of charge-sheet, without conviction or adjudicated misconduct;

(b) Issue a writ of Mandamus directing the Respondents, particularly Respondent No.1, to permit the Petitioner to participate in the tender process and to consider the Petitioner’s bid to be submitted pursuant to NIT filed as ANNEXURE P-1 without reference to pendency of any FIR or charge-sheet;

(c) Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

4. Brief facts necessary for deciding the present petition are as under:- a. That the petitioner, a company incorporated under the Companies Act, is claimed to be a leading provider of comprehensive construction services in the field of civil engineering, infrastructure, development, and construction projects. The services provided by the petitioner encompass design, engineering, procurement, construction, operation and maintenance, planning, and project management.

b. The petitioner claims that it has established credentials in executing complex and challenging projects in all kinds of environments and has earned goodwill, particularly a benchmark in the water and wastewater management industry.

c. According to the petitioner, it has successfully completed and commissioned several projects, including contracts awarded by respondent no. 1, the Delhi Jal Board. The petitioner has given the details of the projects completed by it to respondent no. 1.

d. Respondent no. 1, a statutory corporation, floated a tender for the construction of four Decentralized Sewage Treatment Plants and Sewage Pumping Stations at various locations, as it discharges the public function of supplying clean drinking water and treating sewage for Delhi. The tender work includes operation and maintenance, including a two year Defect Liability Period.

e. The last date of submission of tender was 9^th September, 2025, which provides for detailed technical, financial and eligibility criteria.

f. The petitioner, through its joint venture submitted its bid pursuant to the notice issued by respondent no. 1 inviting offers. The bid process was in two parts, viz., eligibility and qualification of the bidder were first to be examined on the basis of the details submitted under the technical bid with respect to the eligibility and qualification criteria prescribed in the tender. In case the tenderer was found eligible and qualified as per the technical bid, the financial bid under the second part was to be opened in respect of those bidders who were found to be technically eligible and qual