The Delhi High Court has issued a notice to NCERT in response to a petition opposing a tender that invited bids from only appointed firms.
Case Title:Samit Khanna v. UOI & Ors.
Introduction
The High Court of Delhi has given notice to NCERT and the federal government in response to a petition contesting NCERT’s tender for the provision of goods for the New Kit, Jaadui Pitara. The complaint claims that the tender is “biased and one-sided” since it only accepts online proposals from organizations that are presently empanelled with NCERT.
Courts Analysis and Judgment
Samit Khanna, the owner of M/s Universal Sales, which manufactures and distributes toys, has filed a petition saying that NCERT’s criteria for an empanelled business are biased. Despite satisfying all other qualifying requirements, the petition said it was unable to submit its Techno-Commercial Bid owing to the NCERT’s “one-sided criteria” listed above.
The appeal said that the tender fails to disclose the mandatory necessity of a BIS Certification (Bureau of Indian Standards) with activated members, which was made mandatory by a Gazette Notification published on September 15, 2020.
“It is important to note here that the unilateral criteria have a financial impact on the centre.” “Because other members’ ineligibility to fill the said impugned tender is preventing the lowest bid for the said kit,” the petitioner claims.
According to the appeal, the NCERT’s one-sided criteria of only admitting empanelled enterprises violate the core values of openness, competition, economy, and accountability, as well as the General Financial Rules (GFR), 2005.
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Written by- Anushka Satwani