The Delhi High Court in the case Samit Khanna v. UOI & Ors observed in a plea moved challenging the tender issued by NCERT for the supply of items of the New Kit, Jaadui Pitara, the court issued the notice to NCERT and the Central Government.
In the present case, the petition filed alleged that the tender is biased and one-sided, because it specifically invites online bids only from firms currently empanelled with NCERT.
The plea is moved by Samit Khanna, proprietor of M/s Universal Sales, who deals in the manufacturing and distribution of toys, wherein it is alleged that the criteria of an empanelled firm, as set by NCERT, being biased.
It has also been stated by the petitioner in the plea that it could not submit its Techno-Commercial Bid due to the above the one-sided criteria which is set by NCERT.
The petitioner in the plea also highlighted that the tender issued does not mention the valid requirement of a BIS Certificate, the Bureau of Indian Standards with empanelled members, which is now in the case is compulsory as per the Gazette Notification issued on 15.09.2020.
Further, it has been argued by the petitioner that it being pertinent to mention herein that the said one sided criteria is also affecting the centre financially. As the ineligibility of other members in order to fill the said impugned tender restrained the lowest bid for the said kit.
The plea stated that the one-sided criteria which is being set by the NCERT, only allowing empanelled firms being against the fundamental principles of transparency, competition, economy and accountability also against the General Financial Rules, GFR 2005.
The counsel, Advocate Juhi Arora appeared for the petitioner.
