A bidder who does not satisfy the essential technical qualification criteria of a tender cannot challenge the eligibility of the successful bidder or seek relaxation of criteria based on alleged relaxation granted to others.

MANMEET PRITAM SINGH ARORA, J.

(ORAL)

1. The present writ petition has been filed under Article 226 of the Constitution of India challenging the disqualification of the Petitioner’s technical bid in relation to the Tender dated 22.06.2026 (‘subject Tender’) whereby Respondent No. 1/Municipal Corporation of Delhi [‘MCD’] invited bids for ‘Establishment of Bio-Gas Facility of 300 TPD capacity for treating Bio-Degradable Waste [Cattle Dung (preferably) and Municipal Solid Waste] into Bio-Gas/ CBG or Generation of Electricity at land opposite Integrated Freight Complex, Gharoli Extension, Mayur Vihar phase-III, Ghazipur in the jurisdiction of Municipal Corporation of Delhi’.

FACTUAL MATRIX

2. Petitioner is one of the constituents of the Joint Venture comprising of M/s Rasha Infrastructure & Services Ltd. and M/s. Tiebreaker Solutions Pvt. Ltd. [‘JV’], which participated in the subject Tender.

2.1 It is stated that previously on 10.04.2026 MCD had invited a tender for setting up of the said 300 TPD Waste to Biogas plant at the same site. However, the said tender was closed by MCD on 15.05.2026, due to minimal participation. Thereafter, on 19.05.2026 a fresh Tender was issued for the same plant without any modifications in the terms and conditions from the earlier Tender dated 10.04.2026. It is stated that the Petitioner participated, in the Tender dated 19.05.2026, and submitted its competitive bids in accordance with the Tender conditions. However, this Tender was inexplicably closed by MCD vide its communication dated 22.06.2026, without any reasons.

2.2 Next, within hours of cancellation of the Tender dated 19.05.2026, on 22.06.2026, MCD uploaded the subject Tender with a modified essential qualification criterion. The subject Tender prescribes the technical qualification for the bidders, at Clause 4A. Relevant portion of the said qualification criteria reads as under:

“In the last 10 years before the Bid-Due date, the Bidder shall have successfully designed, engineered, constructed and commissioned the Waste to Bio-gas and CBG Facility with successful operation & maintenance for a minimum continuous period of one year: -

1. One Waste to Bio-gas and CBG Facilities anywhere in the world where the Facility must have a minimum capacity to process 150 Tons Per day of cattle dung and bio-degradable wet waste of Municipal Solid Waste.

OR

2. Two Waste to Bio-Gas and CBG Facilities anywhere in the world where each Facility must have a minimum capacity to process 100 Tons per day of cattle dung and bio-degradable wet waste of Municipal Solid Waste.

OR

3. Three Waste to Bio-Gas and CBG Facilities anywhere in the world each Facility must a have minimum capacity to process to process 70 Tons per day of cattle dung and bio-degradable wet waste of Municipal Solid Waste.”

2.3 It is contended that the qualification criteria at Clause 4A of the subject Tender is at variance with the qualification criteria set out in the earlier Tender(s) dated 10.04.2026 and 19.05.2026, issued by MCD. The experience of ‘cattle dung’ and ‘bio-degradable wet waste’ was included in the qualification criteria of subject Tender.

2.4 It is stated that the Petitioner had participated in the previous Tender dated 19.05.2026. It is contended that MCD thus, gained access to the technical bids including experience credentials, technical capabilities of the participating bidders including the Petitioner. And, thereafter, the said Tender was cancelled on 22.06.2026 without any justification, whatsoever.

2.5 It is contended that the alteration of the qualification criteria in the subject Tender is neither fair, nor objective and is intended to favour the successful bidder, that is Respondent No. 3.

2.6 It is stated that cancellation of the Tender dated 19.05.2026 on 22.06.2026 and publishing the subject Tender, within a period of merely 2- 3 hours, with modified qualification criteria was premediated, especially since there was no chang