Delhi High Court Issues Notice To NCERT On Plea Challenging Tender Inviting Bids From Only Empanelled Firms

The Delhi High Court has issued notice to NCERT and the Central Government in a plea challenging the tender issued by NCERT for the supply of items of the New Kit, Jaadui Pitara. The plea alleges that tender is “biased and one-sided” because it specifically invites online bids only from firms currently empaneled with NCERT.

Samit Khanna, proprietor of M/s Universal Sales, who deals in the manufacturing and distribution of toys, has filed a petition alleging that the criteria of an empaneled firm, as set by NCERT, is biased.

Despite meeting all other eligibility criteria, the petition stated that it could not submit its Techno-Commercial Bid due to the above “one-sided criteria” set by the NCERT.

The petition highlighted that the tender does not mention the valid requirement of a BIS Certificate (Bureau of Indian Standards) with empaneled members, which is now compulsory as per the Gazette Notification issued on September 15, 2020.

“It is pertinent to mention herein that the said one sided criteria is also affecting the centre financially. Since the ineligibility of other members to fill the said impugned tender is restraining the lowest bid for the said kit,” the petitioner argues.

According to the petition, one-sided criteria set by the NCERT, only allowing empaneled firms is against the fundamental principles of transparency, competition, economy and accountability also against the General Financial Rules (GFR), 2005.

Counsel for petitioner: Advocate Juhi Arora

Case Title:Samit Khanna v. UOI & Ors.