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HIGH COURT OF DELHI
W.P.(C) 5931/2024 & CM APPL. 24637/2024
DHRUV CHAWLA ..... Petitioner
Through: Petitioner in person
Through: Mr. Harish Vaidyanathan Shankar, CGSC
Ms. Ankita Panikkar, Mr. Kushagra Verma, Advocates for R-3/Govt. e-
Marketplace(GeM)
Date of Decision: 30th April, 2024.
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
1. Present Public Interest Litigation (PIL) filed under Article 226 of the Constitution of India on 19th April, 2024, seeks direction to the Respondents to amend conditional Clauses in the bid document being Bid Number GEM/2024/B/4798585 dated 18th March, 2024 issued by Respondent No.1 at the Respondent No.3 portal, which are arbitrary and violative of fundamental rights enshrined under Article 14 of the Constitution of India.
2. Petitioner, who appears in person, states that the Ministry of Defence issued a letter dated 12th July, 2017 to the Chief of the Army Staff, wherein instead of making e-procurements, Army was directed to procure milk and milk products through negotiated contracts with the Respondent No.2 only, effective from 01st October, 2017. He states that such a change of procurement mechanism is against the basic principle of free and fair trade inasmuch as it completely wipes out other prospective bidders in the market. He states that under the garb of said letter, Respondent No.2 enjoys unfettered powers to unilaterally choose the member as per its whims and fancies. He further states that another letter dated 18th October, 2023 to the same effect has been issued by Respondent No.1 to the Chief of the Army Staff.
3. He states that though publication of the bid document being Bid Number GEM/2024/B/4798585 dated 18th March, 2024 on e-portal may be an effective step in tackling corruption and for ensuring transparency, but the said tender is arbitrary and violative of Article 14, inasmuch as it has in it the provision for unilateral nomination by the Respondent No. 2. He states that however, the impugned condition which entitles National Cooperative Dairy Federation of India (NCDFI) to nominate the State Cooperative is unfair and arbitrary.
4. Learned standing counsel for Respondent No. 3 states that all state cooperatives are members of NCDFI. He states that to his knowledge there is no grievance received from any bidding entity with respect to the impugned tender clause.
5. Having heard the parties, we are of the considered opinion that a PIL for impugning tender conditions is per-se not maintainable. This issue of non-maintainability of PIL for challenging tender condition was considered by a coordinate Bench in W.P.(C) 1802/2022 in case titled Md. Ehraz Zafar v. Union of India & Ors. wherein this Court held as under:
6. The Petitioner herein who is a practicing advocate states that he is not aware of any single bidder/entity who is aggrieved by the said tender condition. The ratio of the aforesaid order in Md. Ehraz Zafar v. Union of India & Ors. applies to the challenge laid in the present petition. We are not persuaded that any public interest is involved in the issues raised in the present petition.
7. Accordingly, the present petition is dismissed along with applications.
ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J APRIL 30, 2024/hp/sk