HC upholds Delhi govt tender for procuring costumes for students for Independence, Republic days

The Delhi High Court has upheld an e-tender awarded by the AAP government to three firms for procuring costumes and related items for students for national and state level celebrations of the upcoming Independence Day and the Republic Day, 2020. A bench of Justice G S Sistani and Jyoti Singh dismissed a petition challenging awarding of tenders to the three firms, saying that the petitioner has failed to establish that the action of the authorities is either "mala fide or illegal".

"We find that the objections raised by the petitioner pertaining to respondent numbers 3, 4 and 5 (firms) are completely misplaced... Resultantly, we find that the present writ petition is completely misplaced," the bench said in a recent order. The e-tender was invited under two bid system from reputed agencies "registered with GST Department, Delhi government or any other State Government either in their own capacity or through a joint venture/ consortium/partnership".

The bidders should have the capacity to supply costumes and other related items to the students of the school/stadiums of Department of Education, Delhi, for a period of one year, as per the e-tender conditions. The last date of submission of bids was July 7 and the technical bids were opened on the same date.

The three bidders were successful and tenders were awarded to them following which this petition was filed. The petitioner claimed that the three firms have not complied with the conditions of the tender document.

Delhi government additional standing counsel Gautam Narayan produced the file pertaining to the tenders. The petition alleged that the first firm has not given satisfactory certification to show that the bidder is in existence for the past five years.

The plea claimed that the second firm has not given the certificate of three consecutive years showing annual average turnover of Rs 27 lakh. Regarding the third firm, the petition alleged the earnest money deposited of Rs 4.5 lakh has not been made in favour of D.D.O. (Physical Education), Government of National Capital Territory of Delhi (GNCTD).

The court said that the fixed deposit has been made in the name of D.D.O., Physical Education, which is an encashable document and there is no illegality in submission of this document by the firm. It also said original certificates of Chartered Accountant pertaining to the last three financial years was also filed by the firm and bank certificate was also given to show that it has been in business since 2014, which is as per the tender requirement.