Bar Council Of Delhi Through Its Chairman K.C Mittal vs Government Of Nct Of Delhi & Ors

Prathiba M. Singh, J

This hearing has been done by video conferencing.

Petitions being W.P.(C)s 4303/2020 & 4304/2020 are fresh petitions filed by the Bar Council of Delhi (hereinafter, ‘BCD’) seeking extension

of the Chief Minister Advocates’ Welfare Scheme (hereinafter, ‘Scheme’) to include advocates who are enrolled with the Petitioner but

are residing in National Capital Region (hereinafter, ‘NCR’) and also for permitting advocates, who were unable to register themselves under

the Scheme within the 19th April, 2020 deadline, to register for the said Scheme.

Further to the last order in some of the petitions viz., W.P (C) 3298/2020, 3357/2020 and 3362/2020 passed on 18th June, 2020, the status report has

been placed on record by the Government of NCT of Delhi (hereinafter, ‘GNCTD’). As per the status report, Mr. Satyakam, ld. Additional

Standing Counsel (ASC) for GNCTD submits that Notice Inviting Tenders (“NITsâ€) was published after duly consulting with Mr. K.C. Mittal,

Chairman, BCD. The first advertisement was issued on 25th June, 2020 on the Delhi Government e-procurement portal. Advertorial notices were also

published in both Hindi and English newspapers on 26th June, 2020. As per the said NITs, the last date for submission of tender was 10th July, 2020

and pre-bid meetings were also held on 3rd July, 2020. In the pre-bid meeting, various bidders/insurance companies had participated, including The

New India Assurance Co. Ltd., National Insurance Co. Limited, Hindustan Insurance Brokers Ltd., Secure Now Insurance Broker Pvt. Ltd. and Life

Insurance Company. Suggestions were put forth pursuant to the said pre-bid meeting. Further to the said suggestions, corrigenda were issued in the

NITs for both tenders i.e. Group Mediclaim Insurance and Group (Term) Life Insurance on 13th July, 2020. The said corrigenda were then published

on the e-procurement portal and also on the website of Law department. Accordingly, now the last date for submission of tender is 27th July, 2020.

The date for opening of Technical Bids is 28th July, 2020. The status report is taken on record.

Mr. Kailash Vasdev, ld. Senior Counsel appearing for the BCD, on the instructions of Mr. Mittal submits that the tender process is now continuing.

Mr. Amarjit Singh Chandiok, ld. Senior Counsel, appearing for the Petitioner in W.P(C) 3357/2020 however submits that there are two other

categories of advocates who have to be considered i.e. advocates who could not have registered themselves within the deadline of April, 2020, which

was fixed by GNCTD and secondly, advocates residing in NCR regions. Mr. Govind Swaroop Chaturvedi, who is the Petitioner-in-person in W.P(C)

3298/2020, also submits that if this Court adjudicates that advocates residing in the NCR regions are eligible for availing benefits under the Scheme,

then the tender would also be more effective as the number of eligible advocates would be much more.

While this Court is seized of the issue in respect of advocates from NCR regions, which is yet to be adjudicated, in the opinion of the Court, there is

no need to delay the tender process for advocates who are already registered and who reside in Delhi. Accordingly, it is directed that the GNCTD will

go ahead with the tender process. The date for opening of Technical Bids is already fixed. After the technical bids are open, the date and time of

opening of financial bids shall also be fixed on any date before 7th August, 2020. After financial bids are opened, the GNCTD shall go ahead with

evaluating the bids and awarding the same to the successful tenderer. The final contract would however, be executed under the aegis of Technical

Evaluation Committee (TEC). After the final contract is signed, the successful bidder, would then start the process of issuing insurance policies under

the Scheme in favour of advocates.

Insofar as the other two categories of advocates are concerned i.e. (i) advocates who could not register before the April deadline and (ii) advocates

from the NCR region, Mr. Rajiv Nayar, ld. Sr. Counsel appearing for GNCTD submits that he intends to hold a meeting with all the representatives

and also seek instructions from the appropriate authorities.

Insofar as the former category of advocates are concerned, since the deadline for registering for the Scheme was in April, 2020 during the early

lockdown period of the COVID-19 pandemic, the GNCTD may consider opening a two-weeks window permitting advocates from Delhi to register

themselves.

The outcome of the meeting may be appraised to the Court on the next date. If no favourable decision is taken in respect of advocates from either

category, this Court would hear submissions in this regard on the next date.

A sealed envelope has been received on the last date containing a Pen Drive from the Chairman, BCD, consisting of the list of 29,098 advocates

from NCR region, in compliance of order dated 18th June, 2020. The same is taken on record and is directed to be kept in the safe custody of

concerned Deputy Registrar.

Rejoinder is taken on record in WP(C) 3298/2020. Parties are permitted to file additional documents, if any, at least 5 days prior to the next date.

List all these petitions on 28th August, 2020 at the end of board.