The Delhi High Court has asked for the National Council Educational Research and Training’s (NCERT) response to a plea that challenges online bids from firms presently empanelled with NCERT for the supply of items in the New Kit (Jaadui Pitara). The play-based learning-teaching material was developed by NCERT.
The plea, filed by Samit Khanna, proprietor of M/s Universal Sales, opened a debate on online bids. Khanna has been dealing in the manufacturing and distribution of toys since 2013, registered under the Ministry of Micro, Small and Medium Enterprises.
According to the petitioner, the empanelled companies restricted in the tender process manufacture scientific instruments, rather than toys. Khanna mentioned that the impugned tender does not mention the need for a valid Bureau of Indian Standards (BIS) Certificate, which has recently become mandatory.
The issue goes beyond the selection of companies available for the tender. The New Kit is being purchased for all states and union territories. Still, only 23 companies are being considered for it, affecting the centre’s finances. The eligibility of other members is being invalidated, which is restraining the lowest bid for the kit.
The one-sided criteria being dictated by the NCERT for the tender are against the fundamental principles of transparency, fairness, competition, economy, efficiency, and accountability, according to Khanna. Furthermore, the criteria also violate the General Financial Rules (GFR), 2005.
The bench of Justice Amit Mahajan has taken action on the matter, issuing notice to both NCERT and Ministry of Education on 22 June 2021.
The ongoing case leads to questions about the selection of companies during the tender process. If this plea finds favour with the High Court, then it opens up a more transparent process for tendering goods and services. The outcome of the case will have an impact on how companies are empanelled and selected to participate in the bidding process, paving the way for a fair and impartial tendering system.
