The Supreme Court on Monday declined to interfere with the Delhi High Court's decision setting aside the tender process for outsourcing Consular, Passport and Visa (CPV) services at Indian missions in Abu Dhabi, Kuwait, Singapore and Canberra. While refusing the Union government's plea, the Court ensured that passport and visa services would continue without interruption by permitting temporary arrangements until a fresh tender process is completed.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed the order while hearing the Centre's challenge against the Delhi High Court judgment.
Background of the Case
The dispute arose after the Delhi High Court, on July 15, quashed the technical evaluation process adopted for selecting agencies to provide CPV services at four Indian missions abroad. The High Court found that the evaluation lacked transparency and fairness and directed the Ministry of External Affairs (MEA) to issue fresh Requests for Proposal (RFPs) within one month.
The Union Government challenged that decision before the Supreme Court, arguing that the High Court had incorrectly interfered with the tender process. Solicitor General Tushar Mehta submitted that the bids had been assessed on the individual merits of each bidder and that the evaluation method was justified.
Court's Observations
During the hearing, the Bench questioned the manner in which the tender conditions had been applied.
Chief Justice Surya Kant remarked,
"But you invited the High Court order by not giving grounds."
Justice Joymalya Bagchi also expressed concern over the evaluation process. Referring to the High Court's findings, the Bench observed,
"If the terms governing the assessment of bids were not clearly reflected, you cannot change the terms of a tender document after the tender process has commenced."
The Supreme Court, however, recognised that passport, visa and consular services at Indian missions overseas are essential public services that cannot be disrupted while a fresh tender process is underway.
The Bench observed,
"No impediment should be caused to the day-to-day functioning of the concerned establishments pending the completion of the fresh tender process."
Interim Arrangement Allowed
To maintain continuity, the Court permitted Engineers India Limited (EIL) and the Ministry of External Affairs to make suitable interim arrangements. These may include engaging the existing successful L-1 bidders whose performance has been found satisfactory or appointing any other agency considered appropriate.
The Court clarified that the arrangement would be purely temporary, would not confer any special rights on any party, and would remain subject to the outcome of the fresh RFP process.
It also directed the MEA to complete the fresh tender exercise as expeditiously as possible, preferably within three months.
Decision
Dismissing the Union Government's appeal, the Supreme Court upheld the Delhi High Court's order quashing the CPV outsourcing tenders for the four Indian missions.
At the same time, it modified the interim directions to ensure uninterrupted passport, visa and consular services until the fresh tender process is completed.
Case Details
Case Title: Union of India and Another v. E Trav Tech Limited and Another
Case Number: SLP (Civil) Nos. 24271-24277 of 2026
Judge: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana
Decision Date: July 20, 2026

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