DJB’S ‘system of preference’ to award tender justified: HC

NEW DELHI: The Delhi High Court on Tuesday upheld the Delhi Jal Board’s “system of preferences” prescribed in its tender calling for bids for mechanised sewer cleaning and its transportation.

The tenders had stated that in awarding of bids, the Board would give preference to dependents of those who were performing manual scavenging duties or tasks, those, who are performing such duties themselves (regardless of their community ) and those who belong to the SC/ST communities.

The Bench, comprising Justice S Ravindra Bhat and Justice AK Chawla, opined that the system of preference was “not reservation in any sense of the term,” explaining , that “seen from the context of the decisions quoted previously, the NIT (tender) conditions are not meant to exclude the general class of citizens.” They affect an opportunity to an utterly marginalized section a “step up “with the others citizens, the Bench said.

The court was hearing a petition filed by M/s Metro Waste Handling, challenging the eligibility conditions and the system of preference prescribed by DJB in the tender issued in March 2018.

The petitioner had specifically challenged the condition of awarding only one vehicle under the NIT to each each bidder, asserting that this would render redundant its acquired infrastructure and investments made , and would also impact its 600 employees.

The Board, on the other hand, submitted that the conditions were prescribed to assist such scavengers in “self employment”, and eliminate the risks involved in mannual scavenging.