* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.03.2026 Judgment delivered on: 23.03.2026 Judgment uploaded on: As per Digital Signature~

+ W.P.(C) 2103/2026 & CM APPL. 10263/2026 M/S KEWAL CANTEEN .....Petitioner versus UNION OF INDIA & ORS. .....Respondents Advocates who appeared in this case For the Petitioner : Ms. Amrita Mishra, Mr. Raj Ranjay Singh and Ms. Mamta Tiwari, Advocates.

For the Respondents : Mr. Rohan Jaitley CGSC, Mr. Akshay Sharma (GP), Mr. Dev Pratap Shahi Adv, Mr.Varun Pratap Singh Adv, Mr. Yogya Bhatia Adv. along with Dr. Manoj Kumar Jha Addl. MS.

+ W.P.(C) 2779/2026 & CM APPL. 13492/2026 PARIDA PHOTOCOPIER AND PCO BOOTH .....Petitioner versus UNION OF INDIA & ORS. .....Respondents Advocates who appeared in this case For the Petitioner : Mr. Nitin Mangla, Mr. Nitish Garg and Mr.

Nishchay Kapoor, Advocates.

For the Respondents : Ms. Iram Majid, CGSC, and Mr. Mohd Suboor, Advocate.

Dr. Manoj Kumar Jha Addl. MS CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

JUDGMENT

V. KAMESWAR RAO, J.

1. The captioned two petitions have been filed by the respective petitioners challenging a tender bearing No. Esta-11/10/2023-Estate Section- Dr. RMLH dated 19.01.2026 and a tender bearing No.Esta-11/10/2023- Estate Section-Dr. RMLH dated 20.01.2026 along with corrigendum dated 14.02.2026, floated by the respondents, for three kiosks/shops in the premises of the A.B.V.I.M.S. & Dr. Ram Manohar Lohia Hospital, New Delhi (the respondent hospital).

W.P (C) 2103/2026

2. The petitioner has been operating a round the clock kiosk/canteen which known as Kewal’s Canteen in the premises of the respondent hospital since 28.10.1988 by the permission of the then president of Resident Doctors Association of the hospital vide its letter dated 26.10.1988 which was further extended till the year 1990 by the management of the respondent hospital against rent worth Rs.600/- per month. Thereafter, vide allotment letter No.13-83/DC/RMLH/Canteen/New Delhi/18464 dated 06.12.1990 the said kiosk was allotted to the petitioner for sale of hot and cold beverages, snacks and packed food items.

3. On 06.03.2025, the petitioner requested the respondent No. 2 for extension of the said allotment. The respondent No. 2 vide letter No. Esta-

11/2/2022-Estate Section-Dr. RMLH/360 dated 19.11.2025 granted extension of the allotment of space from 01.04.2024 to 31.03.2026 on payment of Rs.7181/- per month from 01.04.2025 to 31.12.2025 and Rs.7637/- per month from 01.01.2026 to 31.03.2026 towards license fee including all other charges.

4. On 19.01.2026, the respondent No. 2 issued a notice bearing Tender No. Esta-11/10/2023-Estate Section-Dr. RMLH for “Operating Kiosks-03 Nos.” in the respondent hospital.

5. The averment of the petitioner is that paragraph 7 (1) of the tender is in violation of Article 19 (1)(g) and Article 21 of the Constitution of India, as it restricts applicants like the petitioner from participating in the bidding process due to it requiring a specific average annual turnover. The said eligibility condition is reproduced as under:-

“7. Eligibility Criteria:

1. Average Annual Turnover of Rs. 50,00,000/- (Rs.Fifty Lac Only) or more during last three (3) financial years (2022-23, 2023-24 & 2024-25)

2. Minimum 3 years experience in running canteen/kiosk in a Corporate or Government Organization.

3. Valid registration with GST, PAN, EPF, ESI.

4. MSEs/Start-ups are exempted as per prevailing rules (subject to submission of valid proof/certificates).”

6. The learned counsel for the petitioner stated that despite possessing all necessary registrations, technical capabilities, and willingness to comply with Government guidelines, the petitioner has been rendered ineligible to participate in the tender/bidding process solely due to requirement of the above criteria mandating prospective bidders to have a turnover of Rs.50,000,00/- or more during the last three financial years (2022-23, 2023-

24 & 2024-25).

7. Th