Centre challenges Delhi HC order quashing consular service tender in SC

The Union Government has approached the Supreme Court against a Delhi High Court order that cancelled the tender process for outsourcing consular services at four Indian Missions, citing 'arbitrariness' and a 'lack of transparency' in the process.

Centre Moves Supreme Court Over Consular Services Tender

The Union Government has moved the Supreme Court, challenging the Delhi High Court's judgement setting aside the tender awarded to private firms for outsourcing Consular, Passport and Visa (CPV) services at Indian Missions in Abu Dhabi (UAE), Kuwait, Singapore and Canberra (Australia).

The Delhi High Court had quashed the tender process and directed the Centre to issue fresh Requests for Proposal (RFPs) within one month by inviting fresh bids for all four Missions. The matter was mentioned on Friday before a Bench led by Chief Justice of India Justice Surya Kant by Solicitor General Tushar Mehta, appearing for the Union of India and the Ministry of External Affairs (MEA). Accepting the request for urgent listing, the Bench agreed to hear the matter on Monday.

Delhi High Court Cites 'Arbitrariness' in Tender Process

In its July 15 judgement, the Delhi High Court held that the technical evaluation process adopted by the MEA suffered from arbitrariness, irrationality and lack of transparency. It observed that the authorities had failed to record and communicate reasons for awarding marks and rejecting bidders at the technical stage.

A Division Bench of Justice Anil Kshetrapal and Justice Shail Jain consequently set aside the technical evaluation as well as the award of the tenders in favour of the successful private firms. However, to ensure continuity of consular services, the court allowed the existing service providers to continue until the fresh tender process is completed and new bidders are selected in accordance with law.

Original Petition and Allegations

The High Court's judgement came on petitions filed by E Trav Tech Limited and Verasys Limited, which challenged their technical disqualification from the tender process for outsourcing CPV services at the four Indian missions. The petitioners alleged that despite being awarded parameter-wise marks, no reasons were disclosed for the deductions or their disqualification.

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