Delhi High Court Resoursys Telecom And Anr. vs Navodaya Vidyalaya Samiti on 27 September, 2021 * Judgment reserved on: 04.08.2021 % Judgment delivered on: 27.09.2021 + W.P.(C) 6676/ 2021 & CM APPLs. 21018/2021, 23797 798/2021 RESOURSYS TELECOM AND ANR. ..... Petitioners Through: Mr. Dhananjai Jain, Mr. Bhoop Singh and Mr. Omita Unnarkar, Advs. versus NAVODAYA VIDYALAYA SAMITI ..... Respondent Through: Mr. Bijender Singh, Adv. for Resp. Mr. Krishnan Venugopal, Sr. Adv. with Mr. T. Sundar Ramanathan, Mr. Ishaan Chakrabarti, Mr. Shivendra Singh and Mr. Vivek Pandey, Advs. For the Intervenor. HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT OF THE COURT 1. The present writ petition has been filed to seek the quashing of invitation to tender dated 12.02.2021 bearing No. GEM/2021/b/1032762 issued by Respondent No.1 i.e. Navodaya Vidyalaya Samiti on the portal of Government EMarket Place (GEM), and in particular, letter dated 29.06.2021 issued to the Petitioner. 2. Briefly stated the facts as per petitioner giving rise to filing of the present writ petition are as under. W.P.(C) 6676/ 2021 Page 1 of 28 Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:27.09.2021 16:08:50 3. The Petitioner is a partnership firm dealing in trading and supplying of information and technological goods. Petitioner No.2 is one of the partners of Petitioner No.1. 4. The Respondent No.1 Navodaya Vidyalaya Samiti (NVS) is an autonomous organisation under the Ministry of Education/ Ministry of Human Resource Development, Department of School, Education and Literacy, Govt. of India. The Chairman of Respondent No.1 is the Minister of Education. The Respondent No.1 functions through the Executive Committee, under the Chairmanship of the Minister of Education and the Executive Head of the Administration is the Commissioner. 5. Respondent No.1 issued invitation to tender for supply of 68,940 tablets on the online trading portal of the Government of India, i.e. GEM2021/b/1032762. The essential Qualification Criteria with regard to past experience contained in the Notice Inviting Tender (NIT) with which we are concerned, is that the bidder should have the stipulated past experience of dealing in "same or similar category products". The bid document was subsequently revised, and there were certain corrigendum and amendments that were issued by Respondent No.1 from time to time, changing certain technical and general conditions of the tender. However, the same are not relevant for the purpose of adjudicating the present writ petition. 6. The Petitioner being desirous of participating in the tender process offered its product i.e. tablet, which is being manufactured by an Indian company, namely, M/s Lava International Ltd., on 27.04.2021. The Petitioner was duly authorised by the manufacturer to participate in the tender process. W.P.(C) 6676/ 2021 Page 2 of 28 Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:27.09.2021 16:08:50 7. One of the conditions for qualification in the tender, was of having supplied at least 60% of the required tendered quantity/ units in one financial year, in the preceding three years from the date of tender, to any Government or Public Sector Undertakings (PSUs) of "same or similar category products" as that of tablet. It was also required that 35 % of the tender quantity units must have been executed as a