M/S UTKARSH ENTERPRISES & ORS. vs UNION OF INDIA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10.04.2026 Judgment pronounced on: 29.04.2026 Judgment uploaded on: 29.04.2026 + W.P.(C) 4487/2026 & CM APPL. 21853/2026, CM APPL. 21854/2026, CM APPL. 23295/2026 M/S UTKARSH ENTERPRISES & ORS. .....Petitioners Through: Ms. Diya Kapur, Senior Advocate with Ms. Aanchal Basur, Advocate. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Devvrat Yadav (SPC) with Mr. Kush Garg and Mr. Girish Kumar, Advocates for UOI. Mr. Sameer Vashisth Standing Counsel for GNCTD, (Civil) alongwith Mr. Sumit K. Batra, Ms. Harshita Nathrani and Ms. Priyanka Jindal, Advocates and Mr. Ajay Kumar, LA (Sports) & Mr. Sandeep Dabas, OSD, PE & NI. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J.: 1. By way of the present Petition under Article 226 of the Constitution of India, the Petitioners assail seven different Tender processes initiated by the Directorate of Education, Government of NCT of Delhi through the Government e-Marketplace (GeM) Portal for procurement of outdoor gym equipment and sports equipment for schools and sports centres under its control, seeking quashing of the Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:29.04.2026W.P.(C) 4487/2026 Page 1 of 22 15:04:22 impugned bids and consequential directions for fresh procurement. 2. The Petitioners are GeM-registered sellers and registered MSME entities engaged in the manufacture and supply of sports goods and allied equipment. Their case, in essence, is that the impugned tenders incorporate conditions which are exclusionary, contrary to the governing GeM framework, inconsistent with the procurement regime applicable to MSEs, and arbitrary in their operation. 3. The challenge by the Petitio