Read Time: 04 minutes

The Delhi High Court on Friday slammed Delhi Government for not giving reasons for the technical disqualification from the tender for setting up of Common Bio-medical Waste Treatment and Disposal Facility in Region-1 and Region-2.

A bench of Justice Vipin Sanghi and Justice Jasmeet Singh noted, "Time and again, we have observed in various matters that whenever a bidder is declared to be technically disqualified, the Tender Inviting Authority should disclose the reasons."

The plea has been filed by Synergy Waste Management Private Limited alleging that the reason for the technical disqualification from the tender for setting up of common Bio-medical Waste Treatment and Disposal Facility has not been disclosed by the Delhi Government.

Falling heavy on the Delhi Government the High Court said, "the Tender Inviting Authority should disclose the reasons, if only summarily to the bidder for its disqualification as that not only saves unnecessary approach to the Court by the aggrieved bidder, but also enables the Court to take a call on whether or not to interfere in the matter, and to grant interim orders in relation to the tender."

"Unfortunately, our orders have fallen on deaf ears," the bench added.

The bench has directed the State Government, "to file a short affidavit disclosing the reasons for the petitioner’s technical bid being declared non-responsive, and being rejected."

The Court has also asked for the original record of the Technical Evaluation Committee to be placed before the Court on the next date of hearing.

While keeping the matter for the next hearing on January 28, 2022, the court has stayed the allocation of tender till the date of next hearing.

Case Title: Synergy Waste Management Pvt Ltd Vs. Government of NCT of Delhi and Ors.