Supreme Court upholds quashing of passport tender, allows temporary service continuity at Indian missions

The Supreme Court on Monday refused to interfere with the Delhi High Court's order that quashed the tender process for outsourcing consular, passport and visa services at Indian missions in Abu Dhabi, Kuwait, Singapore and Canberra. However, the court allowed the central government to make interim arrangements to ensure uninterrupted services until a fresh tender process is completed.

A three-judge bench presided over by Chief Justice of India Surya Kant directed the government to implement the High Court's directions within three months, and ordered that services not be disrupted in the interim. The bench, also comprising Justices Joymalya Bagchi and V Mohana, said, 'In our considered opinion, no interference in the impugned judgment of the High Court is called for. The Special Leave Petitions (SLPs) are accordingly dismissed.'

The court modified the High Court's order to the limited extent of allowing the government to let existing incumbents continue providing services at all four missions until a fresh Request for Proposal (RFP) is issued and work is allotted to successful bidders. The government can also temporarily allot work to the L1 bidders whose allotments were set aside by the High Court, at their own risk and subject to the outcome of the fresh allocation exercise.

The Delhi High Court had on July 15 quashed the tender process, holding that the bidders' technical evaluation was arbitrary, opaque, and violative of principles of fairness and transparency. Challenging this, Solicitor General Tushar Mehta, appearing for the Centre, argued that after the HC order, embassies and missions were running work they were not supposed to, with manpower diverted and only emergency services being handled.

The Supreme Court noted that the government had invited the High Court order by not providing reasons for its evaluation. Justice Bagchi pointed out that the High Court had said the terms governing bid assessment were not clearly reflected and created an unworkable situation. The bench did not agree with Mehta's request to allow the government to approach the High Court again to show reasons.

The court's verdict ensures that passport and visa services at Indian missions abroad remain functional while the government prepares a fresh, transparent tender process.