SC to Examine Delhi HC Order Quashing Overseas Visa Service Tenders

The Supreme Court will hear on July 20 the Union government's appeal against the Delhi High Court verdict that quashed the tender process for outsourcing Consular, Passport and Visa (CPV) services at Indian missions in Abu Dhabi, Kuwait, Singapore and Canberra , a case with significant implications for public procurement , administrative transparency and the uninterrupted delivery of consular services to millions of Indians overseas.

A Bench comprising Chief Justice Surya Kant , Justice Joymalya Bagchi and Justice V. Mohana agreed to urgently list the matter after Solicitor General Tushar Mehta argued that the High Court's order had made passport and visa services at the four missions "almost dysfunctional." The Centre told the apex court that although fresh tenders have been initiated, replacing service providers requires infrastructure, security clearances, trained personnel and IT integration, making an immediate transition impossible.

The dispute arose after the Delhi High Court set aside the technical evaluation process and nullified contracts awarded to private firms for CPV services. It directed the Ministry of External Affairs (MEA) to issue a fresh Request for Proposal (RFP) within one month and complete a new bidding process. However, the court allowed existing service providers to continue temporarily to avoid disruption.

The petitions were filed by E Trav Tech Limited and Verasys Limited , whose bids were rejected after they failed to secure the mandatory 70 per cent qualifying marks in the technical evaluation. The firms challenged the process, alleging arbitrary deductions and lack of transparency.

In its judgment, the High Court held that the evaluation relied on undisclosed comparative standards , unexplained deductions , inconsistent marking and the absence of recorded reasons , violating the principles of transparency, fairness and equality under Article 14 of the Constitution . It observed that excluding a bidder through an arbitrary evaluation process raised concerns extending beyond individual grievances to the integrity of public procurement.

The case is particularly significant because CPV services form the backbone of India's overseas consular operations. While the MEA retains sovereign powers such as issuing passports, visas and Overseas Citizen of India (OCI) status, private agencies handle application processing, biometric collection, document verification, appointment scheduling and passport delivery.

The affected missions rank among India's busiest overseas posts. The UAE hosts over 3.5 million Indians , the country's largest diaspora, while Kuwait has nearly one million Indian residents . Singapore serves as a major business hub, and Canberra caters to Australia's growing Indian-origin community and student population. Any prolonged disruption could impact thousands of applicants seeking passport, visa and consular services each day.

The Supreme Court's ruling is expected to determine whether the High Court exceeded the scope of judicial review in tender matters, whether interim relief should be granted to ensure uninterrupted services, and how future government procurement processes balance administrative efficiency with constitutional principles of fairness and transparency .