M/S. M K JEE TRADERS vs GOVERNMENT OF NCT OF DELHI & ORS.

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16222/2025 & CM APPL. 66365/2025 M/S. M K JEE TRADERS ....Petitioner Through: Mr. Arpit Sharma, Advocate. versus GOVERNMENT OF NCT OF DELHI & ORS. ...Respondents Through: Mr. Sameer Vashisht, Standing Counsel (Civil) and Ms. Harshita Nathrani, Advocate for GNCTD. % Date of Decision: 28th October, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J: (ORAL) 1. Present writ petition has been filed under Article 226 of the Constitution of India seeking quashing of the communication dated 13.10.2025 whereby the technical bid of the petitioner was rejected on the ground of common IP address with another bidder in Tender No.GEM/2025/B/6516763 issued by respondent no.2. It further seeks a direction to the respondents to forthwith consider the technical and financial bid of the petitioner on its merits, in accordance with the terms and conditions of the tender. 2. It is stated that Tender No.GEM/2025/B/6516763 dated 02.08.2025 was issued by the respondent no.2/Sanjay Gandhi Memorial Hospital, Govt. of NCT of Delhi, for Repair of Hospital Furniture (Medical/Non-Medical) Signature Not Verified Digitally Signed W.P.(C) 16222/2025 Page 1 of 5 By:YASHRAJ Signing Date:30.10.2025 14:53:44 General Items, Electrical and Medical Instruments/Small Equipment etc., and floated on the Government e-Marketplace (GeM) Portal. It is the case of the petitioner that it duly submitted its technical bid through the GeM portal, however, the respondent no.2 arbitrarily rejected the petitioner’s bid on a technical ground, alleging that the IP address used for submission of the petitioner’s bid was similar to another bidder’s IP address, thereby treating it as a ground for disqualification. Aggr