New Delhi: The Supreme Court on Monday refused to interfere with the Delhi High Court judgment setting aside the technical evaluation process for outsourcing Consular, Passport and Visa (CPV) services at Indian Missions in Abu Dhabi (UAE), Kuwait, Singapore and Canberra (Australia), while directing the Union Ministry of External Affairs (MEA) to complete the fresh tender process within three months.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana dismissed the Centre’s special leave petition (SLP) challenging the Delhi High Court verdict.
During the hearing, Solicitor General Tushar Mehta, appearing for the Centre, submitted that the Delhi High Court had erred in quashing the tender process and contended that the evaluation criteria had been applied on the basis of each bidder’s individual competence.
SG Mehta also sought liberty to approach the Delhi High Court again with additional reasons supporting the tender evaluation. However, the apex court declined to interfere with the High Court’s judgment and dismissed the plea.
Recognising the need to ensure that passport, visa and consular services at Indian Missions abroad are not disrupted, the Supreme Court modified the High Court’s directions to permit interim arrangements until a fresh tender process is completed.
The CJI Kant-led Bench directed that the MEA may continue with the existing service providers if their performance has been satisfactory, or engage any other agency, including the existing L-1 bidders, for the interim period.
It clarified that such an arrangement would be purely temporary, would not create any special equities in favour of any party and would remain subject to the outcome of the fresh Request for Proposal (RFP) process.
The top court further directed the MEA to complete the fresh tender exercise as expeditiously as possible, preferably within three months, in compliance with the Delhi High Court’s directions, adding that the interim arrangement would be without prejudice to the rights and contentions of all parties.
In a judgment delivered on July 15, the Delhi High Court had set aside the technical evaluation process for outsourcing CPV services at the four Indian Missions, holding that the assessment of bidders was vitiated by “arbitrariness, irrationality and lack of transparency” in violation of Article 14 of the Constitution.
A Division Bench of Justices Anil Kshetrapal and Shail Jain had allowed petitions filed by E Trav Tech Limited and Verasys Limited challenging their disqualification at the technical bid stage in tenders floated by the MEA.
The High Court had held that although courts ordinarily do not sit in appeal over technical assessments by expert bodies, judicial review was warranted where the decision-making process was arbitrary, opaque and failed to satisfy the constitutional requirements of fairness, transparency and equality.
It had also nullified the award of contracts in favour of the successful private bidders and directed the MEA and the concerned Indian Missions to issue fresh RFPs, while permitting the existing service providers to continue operations until the fresh tender process was completed to avoid disruption in public services.
The Centre had approached the Supreme Court against the Delhi High Court judgment, and on July 17, SG Mehta mentioned the matter before the apex court seeking an urgent hearing, following which it was listed for hearing on Monday.
(IANS)
