Neutral Citation Number: 2022/DHC/004324

W.P.(C) 14285/2022

Page 1 of 8

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 17^th OCTOBER, 2022

IN THE MATTER OF:

+

W.P.(C) 14285/2022 & CM APPL. 43644/2022

MEHENDIRAM FOODS PRODUCTS PRIVATE LIMITED

..... Petitioner

Through:

Mr. K B Upadhyay, Mr.Shailesh

Tiwari, Advocates

versus

GOVERNMENT OF NCT OF DELHI

..... Respondent

Through:

Mr. Sameer Vashisht, ASC (Civil) for

GNCTD with Ms.Sanjana Nangia,

Advocate

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

J U D G M E N T

SUBRAMONIUM PRASAD, J

1.

The instant Writ Petition has been filed by Mehendiram Food Products

Pvt. Ltd. (“Petitioner”) under Article 226 of the Constitution of India,

challenging the terms and conditions framed by the Respondent in the

Request for Proposal dated 16.09.2022 for preparation and supply of (freshly

cooked) Mid Day Meal to the children of primary and upper primary classes

of Govt. Aided Schools, AIE Centres under Samagra Shiksha Abhiyan of

Directorate of Education, GNCT of Delhi, with the following prayers:-

Digitally Signed By:HARIOM

SINGH KIRMOLIYA

Signing Date:19.10.2022

13:30:25

Signature Not Verified

Neutral Citation Number: 2022/DHC/004324

W.P.(C) 14285/2022

Page 2 of 8

circumstances of the case.”

2.

Material on record discloses that on 16.09.2022, Respondent i.e. NCT

of Delhi through the Directorate of Education, issued a Request for Proposal

(“RFP”) from interested NGOs/Voluntary Organisations/any body corporate/

proprietorship/cooperative society etc. working in Delhi or willing to work in

Delhi for award of work of supply of freshly cooked mid day meal from their

decentralised semi-automated kitchens to the children of primary and upper

primary classes of Govt. aided schools, AIE centres under Samagra Shiksha

Abhiyan of Directorate of Education for a period of one year, further

extendable for a period of 2 more years on yearly basis on the performance

being satisfactory during the initial contract period.

Digitally Signed By:HARIOM

SINGH KIRMOLIYA

Signing Date:19.10.2022

13:30:25

Signature Not Verified

Neutral Citation Number: 2022/DHC/004324

W.P.(C) 14285/2022

Page 3 of 8

3.

As the Petitioner was desirous of participating in the tender, it

attended the pre-bid meeting organised on 23.09.2022. Herein, the Petitioner

raised issues with Clauses 5 and 6 of the RFP which lay down certain pre-

qualification conditions. These clauses are reproduced below for ready

reference:-

Kitchen) for reference purposes.”

4.

The grouse of the Petitioner is that apart from stipulating the

infrastructure required for kitchen/godown as enumerated in Annexure-II and

the ability to set up the kitchen/infrastructure as per Annexure-II within 45

days, an additional condition has been imposed that the organisation must

have an existing running kitchen in Delhi or outside Delhi for reference

purposes. It is, therefore, the contention of the Petitioner that this condition

shuts out persons who do not have a running contract/business. It is

contended that as per the decisions of the Apex Court, these kitchens are to

Digitally Signed By:HARIOM

SINGH KIRMOLIYA

Signing Date:19.10.2022

13:30:25

Signature Not Verified

Neutral Citation Number: 2022/DHC/004324

W.P.(C) 14285/2022

Page 4 of 8

be run primarily by NGOs/NPOs. It is stated that there is no nexus between

the condition ought to be imposed and the object which is to promote NGOs.

5.

The sum and substance of the Petitioner’s case is that the pre-

qualification conditions are arbitrary, discriminatory, and actuated by bias.

Further, as they preclude any new player from entering, and they are tailor

made to favour existing entities. It is another contention that since the

Petitioner has previously supplied dry ration through Kendriya Bhandar to

children enrolled in classes I-V, it can do so again.

6.

Per contra, the Respondent has