EVERGREEN RECYCLEKARO INDIA LIMITED Vs. BHARAT ELECTRONICS LIMITED

JUDGEMENT

(1.) The captioned writ petition is filed calling in question the legality and validity of Clause Nos.II.3.1, II.3.2, II.3.3 and II.3.5 of the tender notification uploaded by respondent No.2 on 24/12/2025, whereby eligibility conditions are prescribed for participation in the tender process concerning safe crushing and recycling of Electronic Voting Machines (EVMs) and VVPAT units.

(2.) The petitioner is a company engaged in the business of E-Waste recycling and claims to possess valid authorizations under the E-Waste (Management) Rules, along with requisite statutory permissions from competent authorities. It is the specific case of the petitioner that it has successfully participated in similar tenders across the country, including tenders floated by respondent No.1 in earlier years, thereby demonstrating its technical competence, experience, and regulatory compliance.

(3.) The grievance of the petitioner centers around the introduction of impugned clauses in the present tender, particularly Clause II.3.5, which mandates that only those agencies having recycling facilities within the State of Karnataka and possessing approvals from the Karnataka State Pollution Control Board (KSPCB) would be eligible to participate. According to the learned Senior Counsel appearing for the petitioner, such a condition is territorial, exclusionary, and violative of principles of fairness and competition, especially when the statutory framework governing E-Waste permits interstate movement and processing.