Delhi HC dismisses plea challenging AIIMS tender criteria for food and juice shops

The Delhi High Court has dismissed a plea challenging the tender criteria laid down by AIIMS for opening of food and juices shops in front of its hostels, saying the authorities had given equal weightage to aspects like quality, cleanliness, garbage disposal and fire-fighting system.

A bench of Justices G S Sistani and Anup Jairam Bhambhani said it was satisfied that there was no infirmity in the tender conditions and the criteria under challenge cannot be termed as arbitrary or illegal.

"A careful examination of the number of marks awarded under each head shows that the respondent (AIIMS) has given equal weightage to various relevant aspects for a food-vending site, to secure quality, cleanliness, garbage disposal, use of digital payment system, fire-fighting system and other parameters, which in our view are all relevant. Accordingly, we do not find merit in the writ petition and the same is dismissed," the bench said.

As per the petition, a bid was invited by the All India Institute of Medical Sciences (AIIMS) on September 21 for running of a juice shop, coffee shop, extension counter for providing juices, beverages, snacks, shakes, patties, coffee, fruit milk shakes and fruit kulfi in front of several hostels in the national capital.

The last dates of submission and opening of bid was in October.

Counsel for petitioner Din Bandhu Dass submitted that a tender clause was arbitrary, fanciful completely subjective and gives unbridled leeway to a committee to award the tender to any person of their choice.

The tender clause under challenge was 'evaluation criteria of bids and award criteria, according to which the final tender evaluation shall be done on 70 per cent weightage to quality component and 30 pre cent weightage to price bid.

The bidder who secured minimum of 40 marks out of 70 would be considered for opening of price bid.

The counsel for AIIMS submitted that there was no infirmity in the evaluation criteria and that the criteria laid down also take into account various factors like cleanliness, hygiene, use of modern equipment, adequately trained staff, raw material storage facilities and general criteria like garbage disposal system, firefighting system and method of payment, that is, digital payment system, all of which are relevant, valid criteria for the tender.