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Informist, Monday, Jul. 20, 2026

 

--SC upholds HC quashing consular, visa svcs tender at some Indian missions 

--CONTEXT:Ministry of External Affairs in SC against HC order on govt tender 

 

NEW DELHI – The Supreme Court Monday upheld the Delhi High Court's order that quashed the Ministry of External Affairs' tender for outsourcing of consular, passport, visa services at Indian Missions in Kuwait, Abu Dhabi in United Arab Emirates, Singapore, and Canberra in Australia. However, the bench led by Chief Justice of India Surya Kant said that no impediment should be caused to the day-to-day functioning of the establishments concerned pending the completion of the fresh tender process.

 

The apex court allowed the Ministry of External Affairs to engage the lowest bidder or any other agency as a temporary arrangement till the fresh tender process is completed. This arrangement will be purely interim, it will not create any special equities in favour of any party, and will remain subject to the outcome of the fresh tender process, said the top court. The Ministry of External Affairs should complete the fresh tender process within three months, it said. 

 

The top court upheld the high court's ruling that the terms governing the assessment of bids were not clearly reflected and that it created an unworkable situation. As per the law declared by the Supreme Court, nobody can change the terms of a tender document after the tender process has commenced, it said. 

 

The bench, also comprising Justice Joymalya Bagchi and Justice V. Mohana, refused to examine the documents relating to reasons on why other bids were rejected. The Supreme Court said that these documents should have been placed before the high court and the latter should have examined it. Appearing for the external affairs ministry, Solicitor General of India Tushar Mehta said the government had suggested to keep these documents for perusal of the high court, but the successful bidder had objected to this, arguing why its details should be shared with other parties. 

 

Mehta argued that after the high court's ruling, the staff in India's embassies and missions were running functions of consular, passport, and visa services, which they were not supposed to. Mehta said that after the high court's order, virtually everything has come to a stand still and in an emergency, the government is issuing passports and giving visas in countries like the United Arab Emirates, Kuwait, and Australia.

 

The case has its genesis in two unsuccessful bidders E Trav Tech Ltd. and Verasys Ltd. moving the high court about the technical evaluation of bids submitted by them pursuant to the tender given by the external affairs ministry. E Trav and Verasys had assailed a communication wherein it was declared unsuccessful at the technical-bid stage along with the consequent parameter-wise evaluation communicated to them. The ministry had held that E Trav and Verasys had failed to secure minimum 70% marks to qualify for opening of their financial bids. The companies said that the criteria-wise evaluation of their technical bids was arbitrary and that the marks awarded to them under the respective parameters stipulated under the respective request for proposals were not supported by any reasons.  

 

The high court held that mere communication of parameter-wise marks, without indicating the reasons or factual basis for deductions or comparative assessment, neither demonstrated application of mind nor enabled E Trav and Verasys to understand why their otherwise compliant proposals were found deficient. The high court said that the failure of the external affairs ministry to record and communicate reasons for the technical evaluation violates its request for proposals, rendering the decision-making process opaque, arbitrary and contrary to the principles of natural justice and fair administrative action. 

 

The high court asked the ministry to issue a fresh request for proposal for procurement of consular, passport, visa services across all four missions, within a period of one month and make sincere efforts to conclude the process at the earliest. Challenging the high cour order, the external affairs ministry moved the apex court.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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