The Delhi High Court invalidated the technical evaluation process for outsourcing Consular, Passport, and Visa services at Indian Missions in Abu Dhabi, Kuwait, Singapore, and Canberra. The court ruled that the assessment of bidders lacked transparency and fairness, violating constitutional principles. Petitions filed by E Trav Tech Limited and Verasys Limited challenging their disqualification were upheld by a Division Bench of Justices Anil Kshetrapal and Shail Jain.
The bench emphasized that judicial review is necessary when decision-making processes are arbitrary and fail to meet constitutional standards. It highlighted the arbitrary nature of marks awarded to the petitioners, citing a lack of transparency in the evaluation. The court criticized the government for not disclosing the basis on which marks were allocated, leaving bidders unaware of why their proposals were deemed inferior.
In its judgment, the Delhi High Court pointed out inconsistencies in the marking process, noting significant disparities in scores without recorded reasons. The court stressed the importance of consistency in evaluating similar proposals for a fair tender process. Rejecting the Centre’s argument of ‘res judicata’, the court held that challenges arose from new causes of action post the disclosure of marks as per court orders.
The court criticized the absence of recorded reasons as a fundamental flaw in the evaluation process. It deemed the failure to communicate reasons for technical evaluation a violation of financial rules and fair administrative practices. Consequently, the Delhi High Court annulled the technical evaluations and contracts awarded to successful bidders, directing the MEA to issue fresh Requests for Proposal for CPV services at the four missions within a month.
