LAWS(DLH)-2022-1-64

MD. EHRAZ ZAFAR Vs. UNION OF INDIA

Decided On January 17, 2022
Md. Ehraz Zafar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petition has been heard by way of video conferencing.

(2.) Present Public Interest Petition has been filed challenging the Tender Invitations issued by Public Sector Undertakings and other registered Corporates/Companies, including Respondent No.3, for empanelment of a Law Firm on the basis of money/turn-over criteria as ultra vires the Advocates Act, 1961. Petitioner also seeks a direction to Respondent No.1 to formulate a new uniform guideline for engagement and empanelment of lawyers/advocates.

(3.) Petitioner, who appears in person, states that Directorate General of Hydrocarbons under the Ministry of Petroleum and Natural Gas at its website had published an 'E-Tender for Empanelment of Law Firms for a Period of three years on Open National Competitive Bidding Basis', wherein the eligibility criteria as mentioned under the head 'Rejection Criteria' clearly stipulates that the Law Firm bidding for empanelment should have average annual turnover of at least INR 50 Crores in the last three Financial Years ending 31/3/2021 (2018-19, 2019-20, 2020-21). He submits that setting down such an economic criteria for eligibility infringes the Fundamental Rights of the Petitioner as well as other similarly situated persons as conferred under Articles 14, 16, 19(1)(g) and 21 of the Constitution of India.