PIL in HC challenges MEA, Indian embassy in Oman for consular services

The petition argues that the RFP mandates service providers to charge a single contract price for application filing and support services, irrespective of whether applicants utilize services

A Public Interest Litigation (PIL) was filed in the Delhi High Court, challenging the Ministry of External Affairs (MEA) and the Embassy of India in Oman over the publication of a Request for Proposals (RFP 2025). This proposal, issued on February 4 this year, sought bids from service providers for delivering Consular, Passport, Visa (CPV) services and other related Value Added Services.

The petition argues that the RFP mandates service providers to charge a single contract price for application filing and support services, irrespective of whether applicants utilize optional Value Added Services.

This, according to the plea, unfairly enables service providers to profit from unrendered services, violating basic principles of contract law. The current system requires applicants to pay only for services they avail, ensuring fairness in fee structures.

The petition highlights that many Indian citizens in the Gulf region, with limited income, would bear the burden of these additional fees. It emphasizes the importance of CPV services for millions of Indian expatriates and contends that the proposed changes would result in unjust enrichment for service providers at the expense of applicants.

The Division Bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela on Wednesday deferred the proceedings to March 21, 2024. The court directed the petitioner to first demonstrate the Delhi High Court's territorial jurisdiction before the matter could proceed further.

The petitioner, Raghavendra Bagal, was represented by advocate Dheeraj Malhotra in the matter. The court observed that the petitioner currently resides in Muscat while having a permanent address in Mumbai.

The plea further argues that the changes lack justification, failing to meet the principles of reasonableness and proportionality under Article 14 of the Constitution. It also points out that the MEA has introduced similar changes across other Indian embassies, raising concerns over a broader pattern of arbitrary policy implementation.

In light of these issues, the petition seeks the High Court's intervention at the pre-tender stage to modify or withdraw the RFP 2025, preventing undue harm to applicants and preserving fairness in the delivery of CPV services.