Rejection Of Security Service Bid At Technical Stage By DU Citing Sexual Harassment Charges Against Company’s Director Unwarranted!

Given that the Delhi University is a public institution, involving movement of substantial number of students, teachers and other staff population, it was not unreasonable on its part to reject the petitioner’s bid at the technical evaluation stage.

The stipulation with respect to consideration of tenders nowhere spell out qualifying conditions, except stating that an entity having blacklisted would be debarred. Although the Delhi University points out to the general conditions which entitle it to in public interest – reject any bid regardless of financial viability, what occurred in this case is that the rejection at the technical evaluation stage was with reference to something alien to and not a matter of eligibility stipulation. Concededly the petitioner’s director or other employees have not been convicted of the offence that he/they are charged with, nor has the petitioner been blacklisted. In the circumstances before rejecting the bid, fair hearing was necessary.