Petitioners in a tender process have a right to be informed of the specific reasons for the rejection of their technical bids to ensure transparency and allow for a legal challenge against such decisions.

O R D E R

% 04.08.2026

1. These petitions have been filed with the following prayers:

“In W.P.(C) 11672/2023

(a) Issue necessary writ, order or direction in the nature of Certiorari quashing/ setting aside and set aside the impugned mail/order dated 23.08.2023 received at 4:44 PM sent by the Delhi Urban Shelter Improvement Board (Respondent no.3) whereby the petitioner's bid was rejected during the I st Phase i.e. technical evaluation;

(b) Issue necessary writ, order or direction in the nature of Mamdamus directing the respondent to consider its 105 employees and award 20 marks as per the Request of Proposal (RFP) of Tender ID 2023_DUSI13_245713_1 dated 05.08.2023.

(c) Issue necessary writ, order or direction in the nature of Mandamus directing the respondents to conduct fresh draw of tenders as per the grounds mentioned herein above.

(d) To grant any other or further orders the Hon'ble Court deems fit and proper keeping in view the peculiar facts and circumstance of the case.

In W.P.(C) 11798/2023

a) Issue a writ in the nature of certiorari or any other appropriate writ quashing the arbitrary, illegal, unreasonable, anti- competitive action of the Respondents of rejecting the technical bid of the Petitioner for “Construction & Management of Night Shelters / Operation, Management and Maintenance of Night Shelters of 16 Clusters” [in effect 15 clusters-NITNo.19-33/EE/E-3/DUSIB/2023-24 dated 05/07.08.2023 for Cluster 1-16 except Cluster 8] as evidenced by the Respondents‟ email dated 22.08.2023 at 7.23 pm inviting other bidders at 11.00 am on 23.08.2023 for opening of financial bids without intimating the Petitioner that it’s technical bid had been rejected or reasons thereof. [Annexure P-16];

b) Issue a writ in the nature of mandamus or any other appropriate writ directing the Respondents to accept the technical bid of the Petitioner in respect of “Construction & Management of Night Shelters / Operation, Management and Maintenance of Night Shelters of 16 Clusters” [in effect 15 clusters-NITNo.19-33/EE/E-3/DUSIB/2023-24 dated 05/07.08.2023 for Cluster 1-16 except Cluster 8]and consequently open the financial bid of the petitioner in respect of these Clusters;

c) Pass any further order as this Court may deem fit and proper in the interest of justice.”

2. Mr. Rishi Kant Singh, learned Counsel appearing for the respondents would submit that the challenge in this petition is primarily to a RFP which was issued on 05.08.2023, wherein the petitioners were not found eligible and as such the bids submitted were rejected.

3. In fact, it is his submission that the tender was awarded and the work has been completed and in that sense this petition has become infructuous.

4. The submission of the learned counsel for the petitioners is that the respondents have not conveyed the reasons for which the bid of the petitioners had been rejected. According to him, the petitioners have every right to know the grounds on which the bids of the petitioners were rejected so that they can work on the deficiencies in the bids.

5. Appropriate shall be for the respondents to convey the reasons on which the bid of the petitioners pursuant to tender dated 05.08.2023 were rejected within two weeks from today.

6. On such reasons being conveyed, liberty shall be with the petitioners to challenge the same in accordance with the law, if any cause survives.

7. Suffice to state we have not expressed ourselves on the issue raised by the petitioners in these petitions.

8. The petitions are disposed of and the pending applications are also disposed of as having become infructuous.