Neutral Citation Number: 2023:DHC:2546-DB

W.P.(C) 11132/2022

Page 1 of 21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 13^th APRIL, 2023

IN THE MATTER OF:

+

W.P.(C) 11132/2022 & CM APPLs. 32673/2022, 32674/2022,

52385/2022, 52386/2022, 52387/2022, 52388/2022

WELL PROTECT MANPOWER SERVICES PVT LTD ... Petitioner

Through:

Mrs.

Maninder

Acharya,

Senior

Advocate with Mr. Tarkeshwarnath,

Mr. Deepanshu Dudeja, Mr. Lalit

Mohan, Mr. Virat Saharan, Advocates

versus

LADY HARDINGE MEDICAL COLLEGE & ORS ..... Respondents

Through:

Mr.

Arjun

Mahajan,

SPC

with

Ms.Neha Rai, Mr. Apoorv Upmanyu,

Advocates for R-1 & R-2

Mr. Aditya Vats Sharma, Advocate

for R-3

CORAM:

HON’BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

1.

By way of the present Writ Petition, the Petitioner, Well Protect

Manpower Services Pvt. Ltd., has impugned the letter dated 22.07.2022

(hereinafter referred to as the 'Impugned Decision') addressed by the

Ministry of Health and Welfare, i.e., Respondent No. 2 herein, granting

approval to Lady Hardinge Medical College, i.e., Respondent No. 1, to issue

Digitally Signed By:HARIOM

SINGH KIRMOLIYA

Signing Date:15.04.2023

14:27:27

Signature Not Verified

Neutral Citation Number: 2023:DHC:2546-DB

W.P.(C) 11132/2022

Page 2 of 21

a Letter of Award in favour of Trig Detectives Pvt. Ltd., i.e., Respondent

No. 3, with respect to the tender initiated by Respondent No. 1 vide Bid No.

GEM/2021/B/1462748 dated 28.08.2021, inviting bids for provision of

security services in its premises (hereinafter referred to as the, 'Tender').

Accordingly, the Petitioner has prayed before this Court that appropriate

directions be issued for cancellation of the Impugned Decision and award of

the Tender to the Petitioner.

2.

The factual matrix of the case, leading to the filing of the present Writ

Petition are as under:

i.

In view of the expiry of its existing manpower outsourcing

contract, Respondent No. 1 wrote to Respondent No. 2seeking

approval for initiating a tender process for outsourcing of

manpower afresh through the Government E-Marketplace

Portal (hereinafter referred to as the'GEM Portal').

ii.

A committee created by Respondent No.1 convened a meeting

with to finalize the bid document of the Tender. The committee

inter-alia decided the criteria as per which marks were to be

allotted to prospective bidders to ascertain their merit for award

of the contract.

iii.

Respondent No.1 on 28.08.2021 initiated the Tender vide Bid

No. GEM/2021/B/1462748, inviting bids for provision of

security services to Respondent No.1 for a period of two years

through GEM Portal. The Petitioner and Respondent No.3.

iv.

On 06.09.2021, the committee constituted by Respondent No.1

for creation of the Tender documents convened another

Digitally Signed By:HARIOM

SINGH KIRMOLIYA

Signing Date:15.04.2023

14:27:27

Signature Not Verified

Neutral Citation Number: 2023:DHC:2546-DB

W.P.(C) 11132/2022

Page 3 of 21

meeting. In the Minutes of Meeting issued by the committee, it

inter alia communicated its decision in respect of a

representation made by M/s Good Year Security Services

regarding the point system devised by Respondent No.1. It was

stated that the point system was created to select a successful

bidder in case of multiple L-1 bidders and such criteria not

being in contravention of the extant GEM guidelines, would

only enable in selection of a better agency for which may meet

workplace expectations. Accordingly, it refused to change such

criteria.

v.

On 06.09.2021, Respondent No. 1 wrote to Respondent No. 2

inter alia intimating that it had uploaded the Tender for

outsourcing of security services for a period of two years and

accordingly requested extension of the existing contract of

security services up to 30.11.2021.

vi.

On 09.11.2021, Respondent No.1 wrote to Respondent No.2

seeking extension of contract of existing vendor providing

security servic