M/S EXHIBITORS INSTRUMENTS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE respondent-NCERT invited Expression of Interest for supply of science and mathematics kits and as many as 26 firms were empanelled by it for supply of such kits. The petitioners before this Court are amongst the vendors who were empanelled by NCERT and they also gave their consent to the said empanelment. The sample of one of the empanelled vendors, namely, M/s Nirman, Ahmedabad also sent its sample to NCERT. The allegation of the petitioners is that the respondents are seeking favour to the aforesaid firm by obtaining the kits from it. It appears that the kits were to be procured by NCERT for the use of respondent No. 4-Rajasthan Council for Secondary Education. Vide communication dated 21.06.2013, NCERT informed the petitioners that a decision has been taken to cancel the order which it had received from respondent No-4 Rajasthan Council for Secondary Education and the money received from the said respondent was to be refunded to it. The offer of order made by NCERT to the empanelled vendors for supply of kits to respondent No. 4 was accordingly cancelled. A perusal of the said letter would show that a letter dated 14.06.2013 was received by it from Government of India, Ministry of Human Resource Development, requiring it to review the practice of the State Governments placing order with NCERT for science and mathematics kits and on review of its policy, the following decisions were taken:-

(2.) ADMITTEDLY , the kits which NCERT was seeking to purchase from the vendors empanelled for the purpose, were meant for respondent No. 4 and not for NCERT. Admittedly, no firm order with any of the petitioners was placed by NCERT for supply of the aforesaid kits though it had obtained their consent to the empanelment and had also received an order from respondent No. 4 Rajasthan Council for Secondary Education for supply of such kits to it. In the absence of any firm order being placed upon the petitioners, for supply of kits, no vested right accrued to them, merely on account of their empanelment with NCERT. So long as no firm order was placed with the empanelled vendors for supply of such kits, NCERT was entitled in law to review its earlier policy and take a decision not to procure kits for the State Governments. The States being the ultimate purchaser of such kits, there was nothing illegal in NCERT deciding that the States would directly place orders either with the vendors empanelled by NCERTs or with the vendors whom the concerned State may empanel for placing such orders. In case, the State Governments decide to empanel their own vendors, nothing prevents the petitioner from seeking empanelment with the concerned State and if they are empanelled, they would also get an opportunity to obtain orders from that State. The list of firms empanelled with NCERT along with approved rate list of the kits and technical specifications of each kit are to be uploaded on the website of NCERT. The State Governments, if they so desire, can procure the kits either from the empanelled vendors at the rates approved by NCERT or they may first empanel their own vendors and then procure such kits from them. As far as the petitioners are concerned, since no order has been placed by them with NCERT, they cannot have any grievance against the aforesaid decision.

(3.) IN Asif Hameed and Others v. State of Jammu and Kashmir and Ors. AIR 1989 SC 1899, the Apex Court, inter alia, held as under:-