SC rejects Centre's plea, allows temporary visa service arrangements at 4 missions
The Supreme Court on Monday dismissed the Centre's plea against a Delhi High Court order that had quashed the tender process for outsourcing consular, passport
The Supreme Court on Monday dismissed the Centre's plea against a Delhi High Court order that had quashed the tender process for outsourcing consular, passport and visa services at Indian missions in Abu Dhabi, Kuwait, Singapore and Canberra. At the same time, the court allowed temporary arrangements so that services continue without disruption until a fresh tender process is completed. The court said the Ministry of External Affairs and Engineers India Limited could put interim measures in place, including engaging successful L-1 bidders whose performance was found satisfactory or any other agency they considered appropriate. It said the 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 process, which should be completed as quickly as possible, preferably within three months. Read Full Story In its order, the bench said, "The SLP (special leave petition of the Centre) is dismissed." It added, "However, having heard learned counsel for the parties and taking note of the submissions made before us, we are of the view that no impediment should be caused to the day-to-day functioning of the concerned establishments pending the completion of the fresh tender process." To ensure continuity of services and compliance with the High Court's directions, the top court modified the impugned order.
It said, "It shall be open to EIL and the MEA to make suitable interim arrangements for continuation of the subject services. Such interim arrangements may include engagement of the successful L-1 bidders whose performance has been found satisfactory, or any other agency, in such a manner as EIL and the MEA may consider appropriate." The bench also clarified that the interim arrangement was being made without prejudice to the rights and contentions of all parties and that no party could claim any equity on that basis. The bench was hearing the Centre's petition against the Delhi High Court's July 17 verdict directing the government to issue a fresh RFP after finding serious deficiencies in the technical evaluation process. The High Court had said the Centre relied on undisclosed comparative standards, made unexplained deductions under objective evaluation criteria and adopted inconsistent marking. It held that these deficiencies struck at the heart of transparency, fairness and equality in public procurement. Quoting its findings, the High Court said, "The use of undisclosed comparative standards, unexplained deductions under objective criteria, inconsistent marking and complete absence of recorded reasons strikes at the heart of transparency, fairness and equality in public procurement.
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