M/S MKU LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE FACTS: M/s MKU Ltd., the Petitioner, challenges certain tender conditions stipulated in the procurement of "Bullet Resistant Helmets (Q3)" and "Bullet Resistant Vests (Q3)" by Delhi Police - alleging arbitrariness. As a manufacturer of body armour, protective garments, and personal protection items, the Petitioner supplies these products to forces under the Ministry of Defence [hereinafter "MoD"] - including the Indian Army, Navy, and Air Force - and to additional forces under the Ministry of Home Affairs [hereinafter "MHA"], such as Assam Rifles, BSF, CRPF, CISF among others. The grievances raised before us relate to two tenders issued by Respondent No. 2 [Deputy Commissioner of Police (Provisioning & Logistics), Delhi Police Headquarters, Central Police Organization under MHA], on the Government E-marketplace (GeM), delineated hereinbelow:

(2.) The challenge is laid specifically to licensing and experience pre-requisites specified in both Tenders, as specified hereinbelow.

(3.) The Petitioner, through letters dtd. 20/12/2022, for each respective Tender, sought clarity from Respondent No. 2, specifically regarding the requirement of an Industrial License i.e., license for manufacturing under Industries (Development and Regulation) Act, 1951 [hereinafter "IDR Act, 1951"]. The Petitioner emphasized the non-necessity of an Industrial License for Bullet Resistant Helmets and Vests of protection level "IIIA", by relying upon press notes issued by Department of Industrial Policy and Promotion [hereinafter "DIPP"] and Department of Promotion of Industry and Internal Trade [hereinafter "DPIIT"], and a clarificatory letter from the Department of Defence Production, MoD. There were various back and forth communications between the Petitioner and Respondent No 2, on the requirement of the Industrial License. Finally, Respondent No. 2 informed the Petitioner that their bid would only be examined as per the pre-qualification criteria, including the requirement of an Industrial License.