MAA SARALA AQUA INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a small scale industrial unit engaged in manufacturing packaged drinking water having Certification of Bureau of Indian Standards, Licence from the Food Safety and Standards Authority of India, and UDYAM registration certificate from the Ministry of Micro, Small and Medium Enterprises, approached this Court by way of filing the present writ petition invoking provisions of Articles 226 and 227 of the Constitution of India beseeching following relief(s):

(2.) Brief facts leading to filing of the writ petition by the petitioner is narrated herein infra.

(3.) Justifying the decision to consider the opposite party No.5 as L-1 bidder, the opposite party Nos.2 to 4 in their affidavit asserted that it is implied from the General Terms and Conditions on GeM 4.0 (Version 1.5), dtd. 9/10/2022 that it is 'only applicable after execution of the agreement/contract with L-1 bidder and same is not pre-qualification/eligibility criteria for selection of a bidder (in technical bid and financial bid)'. It has also been asserted that the L-1 bidder having fulfilled pre-qualification eligibility criteria specified in Clause 10 of the Notice Inviting GeM Tender; and the General Terms and Conditions of the Contract as well as the Special Terms and Conditions of the Contract being applicable after acceptance of the contract, 'BIS/ISI standard is required when the L-1 bidder commences supply of the packaged water to the answering opposite parties'.