W.P.(C) 8903/2022 & 9460/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 03^rd JULY, 2023

IN THE MATTER OF:

+

W.P.(C) 8903/2022 and C.M. Nos. 26760/2022 & 11415/2023

TOP EDGE SECURITY AND SERVICES PRIVATE LIMITED

..... Petitioner

Through:

Mr. Abhay Kumar, Mr. Shagun Ruhil

and Ms. Kusum Pandey, Advocates.

versus

GOVT OF NCT OF DELHI AND ORS

..... Respondent

Through:

Mr. Sameer Vashisht, ASC with Mr.

Arjun

Gupta,

Advocate

for

Respondent No.1/ GNCTD.

+

W.P.(C) 9460/2022 and C.M. No. 28250/2022

GOOD YEAR SECURITY SERVICE (R)

..... Petitioner

Through:

Mr. Abhay Kumar, Mr. Shagun Ruhil

and Ms. Kusum Pandey, Advocates.

versus

GOVT. OF NCT OF DELHI AND ANR.

..... Respondent

Through:

Ms. Varsha Sharma, Advocate for

Mr.

Jawahar

Raja,

ASC

for

Respondent/ GNCTD.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

1.

By means of the instant Writ Petitions, the Petitioners herein have

impugned the tenders issued by the Directorate of Education, GNCTD, i.e.,

the Respondent No. 2, vide bid numbers GEM/2022/B/2194834,

GEM/2022/B/2195060,

GEM/2022/B/2195292,

GEM/2022/B/2195371,

GEM/2022/B/2195447, GEM/B/2022/B/2195488, GEM/2022/B/2195541,

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:04.07.2023

13:02:30

Signature Not Verified

W.P.(C) 8903/2022 & 9460/2022

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GEM/ 2022/B/2195586, GEM/2022/B/2195734, GEM/2022/B/2195769

dated 20.05.2022(hereafter, “Impugned Tenders”) for provision of security

manpower services, on the basis that they contain certain arbitrary

stipulations. Accordingly, it has been sought that this Court be pleased to

call for records of the Impugned Tenders and consequently set them aside.

2.

W.P.(C) No. 8903 of 2022 has been filed by Top Edge Security &

Services Pvt. Ltd. (hereafter, “Top Edge”) and W.P.(C) No. 9460 of 2022

has been filed by Good Year Security Service (R) (hereafter, “Good Year”).

Since the substance of the Petitioners‟ challenge to the Impugned Tenders is

identical, there being only slight differences in the factual matrices in the

Petitions, we deem it appropriate to take W.P.(C) No. 8903 of 2022 as the

lead matter for the sake of convenience.

3.

The brief facts leading up to the filing of W.P(C) No. 8903/2022 is set

out hereinbelow: -

a.

In

response

to

complaints

regarding

discriminatory

prequalification criteria incorporated in the tender documents by

various

departments,

the

Central

Vigilance

Commission

(hereafter, “CVC”) issued an Office Memorandum on 17.12.2002

(hereafter, “OM dated 17.12.2002”). In terms of the OM dated

17.12.2002, the CVC inter alia provided: -

A) For Civil/Electrical Works

year, should be at least30% of the estimated cost.”

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:04.07.2023

13:02:30

Signature Not Verified

W.P.(C) 8903/2022 & 9460/2022

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b.

It has been stated before this Court that on previous instances, i.e.,

in January 2015, October 2019 and July 2020, Respondent No. 2

has issued tenders wherein the prequalification criterion required

that the average annual financial turnover during a period of 3

years preceding the bid should be at least 30% of the estimated

cost in line with the OM dated 17.12.2002. The said tenders also

allowed for bidding by a consortium/joint venture.

c.

On 04.01.2022, Respondent No. 2 issued a total of 10 tenders for

the provision of security manpower services on the GeM Portal

(hereafter, “Tenders dated 04.01.2022”). In terms of the Tenders

dated 04.01.2022, the Annual Turnover criteria for the time period

of three years preceding the bid, was enhanced from being equal

to or more than 30% of the estimated costs of the bid to 50% of

the estimated cost of the bid.

d.

On 10.01.2022, Top Edge filed W.P.(C) No. 805 of 2022,

challenging the Tenders dated 04.01.2022 inter alia based on the

enhanced requirement for average annual turnover pro