Centre moves SC against Delhi HC verdict quashing passport, visa outsourcing tender
Synopsis
Key Takeaways
The Centre on Friday, 18 July 2025, moved the Supreme Court challenging a Delhi High Court judgment that struck down the technical evaluation process for outsourcing Consular, Passport and Visa (CPV) services at four Indian Missions — in Abu Dhabi (UAE), Kuwait, Singapore, and Canberra (Australia). Solicitor General Tushar Mehta mentioned the matter before a bench headed by Chief Justice of India (CJI) Surya Kant and sought an urgent listing, which the CJI assured would be scheduled for Monday.
What the Delhi High Court Ruled
In a judgment delivered on 15 July 2025, a Division Bench of Delhi High Court comprising Justice Anil Kshetrapal and Justice Shail Jain set aside the technical bid evaluations for the CPV outsourcing tenders floated by the Ministry of External Affairs (MEA). The court found the process vitiated by 'arbitrariness, irrationality and lack of transparency', holding it in violation of Article 14 of the Constitution.
The bench allowed petitions filed by E Trav Tech Limited and Verasys Limited, two companies that had challenged their disqualification at the technical bid stage. The court noted that while judicial bodies ordinarily do not second-guess technical assessments by expert government panels, review is warranted where the decision-making process is arbitrary, opaque, and constitutionally deficient.
The Core Transparency Concern
The Delhi HC observed that although the government had furnished parameter-wise marks — following earlier directions from the Supreme Court — it failed to disclose the basis on which those marks were awarded. This left the disqualified bidders with no means to understand why their otherwise compliant proposals were deemed inferior to competing bids.
Notably, the bench found significant inconsistencies in the marking process: materially identical proposals and supporting documents had been awarded substantially different scores across different Missions, with no recorded reasons to justify the disparity.
Contracts Nullified, Fresh Tenders Ordered
Setting aside the technical evaluations, the High Court also nullified the award of contracts to the successful private bidders. The MEA and the concerned Indian Missions were directed to issue fresh Requests for Proposal (RFPs) within one month and to complete the tender process expeditiously.
To prevent disruption to public services, the court permitted existing service providers to continue operations until the fresh procurement process concludes — a practical safeguard for Indian nationals relying on consular and passport services abroad.
What Happens Next
With the Centre's challenge now before the Supreme Court, the matter is expected to be heard on Monday. The outcome will determine whether the High Court's order — and the directive for fresh RFPs — holds, or whether the original technical evaluation process is revived. The case has significant implications for how the MEA structures future outsourcing tenders for consular services across Indian Missions worldwide.