Delhi HC seeks NCERT's response on plea challenging online bids only from firms empanelled with it

New Delhi [India], June 23 : The Delhi High Court has sought responses from the National Council Educational Research and Training (NCERT) on a plea challenging online bids from firms currently empanelled with NCERT, for the supply of items of New Kit (Jaadui Pitara) - a play-based learning-teaching material developed by NCERT.

The Plea has been moved by Samit Khanna, proprietor of the M/s Universal Sales who is dealing in the manufacturing and distribution of toys since 2013, registered under the Ministry of Micro, Small and Medium Enterprises.

The petitioner through Advocate Juhi Arora submitted that this New Kit being tendered majorly has toys items which come under the toys industry and toy manufacturers. However, the current 23 empanelled companies for which the tenderer is restricted are manufacturers of scientific instruments i.e. for Science and Mathematical kits.

Petitioner also submitted that the impugned tender does not mention the valid requirement of BIS Certificate (Bureau of Indian Standards) with empanelled members which is now compulsory as per notification dated 15th September 2020 by The Gazette of India.

The bench of Justice Amit Mahajan in an order passed on June 22, 2023, issued notice to NCERT and Ministry of Education in the matter.

The petition mentioned that in the Impugned Tender, the New Kit is being purchased for all states/UTs. There are a total of 36 States/UTs in India and for them, only 23 companies are being considered.

It also mentioned that the said one-sided criteria are also affecting the centre financially. Since the ineligibility of other members to fill the said impugned tender is restraining the lowest bid for the said kit.

The said one-sided criteria set by the NCERT are completely against the fundamental principles of transparency, fairness, competition, economy, efficiency and accountability. Further, the said criteria are also against the General Financial Rules (GFR), 2005, plea read.