Delhi High Court
Bar Council Of Delhi Through Its ... vs Govt. Of Nctd & Ors. on 17 July, 2020
SINDHU KRISHNAKUMAR
18.07.2020 21:06
$~7, 8, 12 to 14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17th July, 2020
14
+ W.P.(C) 3362/2020 & CM APPLs. 11901-02/2020
BAR COUNCIL OF DELHI THROUGH ITS CHAIRMAN K.C
MITTAL ..... Petitioner
Through: Mr. Kailash Vasdev, Senior Advocate
with Mr. K. C. Mittal, Chairman with
Mr. Yugansh Mittal and Mr. Amit P.
Shahi, Advocates for Bar Council of
Delhi.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Rajiv Nayyar, Senior Advocate
with Mr. Satyakam, ASC for
GNCTD.
Mr. Anil Soni, CGSC with Mr.
Devesh Dubey, Advocate for UOI.
WITH
7
+ W.P.(C) 4303/2020 & CM APPL. 15480/2020
BAR COUNCIL OF DELHI THROUGH ITS
CHAIRMAN K. C. MITTAL ..... Petitioner
Through: Mr. K. C. Mittal, Chairman with Mr.
Yugansh Mittal and Mr. Amit P.
Shahi, Advocates for Bar Council of
Delhi.
versus
GOVT. OF NCTD & ORS. ..... Respondents
Through: Mr. Rajiv Nayyar, Senior Advocate
with Mr. Satyakam, ASC for
GNCTD.
W.P.(C) 3362/2020 & connected matters Page 1 of 6
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.07.2020 18:57
WITH
8
+ W.P.(C) 4304/2020 & CM APPL. 15481/2020
BAR COUNCIL OF DELHI THROUGH ITS
CHAIRMAN K. C. MITTAL ..... Petitioner
Through: Mr. K. C. Mittal, Chairman with Mr.
Yugansh Mittal and Mr. Amit P.
Shahi, Advocates for Bar Council of
Delhi.
versus
GOVT. OF NCTD & ORS. ..... Respondents
Through: Mr. Rajiv Nayyar, Senior Advocate
with Mr. Satyakam, ASC for
GNCTD.
Mr. Anil Soni, CGSC with Mr.
Devesh Dubey, Advocate for UOI.
WITH
12
+ W.P.(C) 3298/2020 & CM APPL. 11567-68/2020
GOVIND SWAROOP CHATURVEDI ..... Petitioner
Through: Petitioner in person.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Rajiv Nayyar, Senior Advocate
with Mr. Satyakam, ASC for
GNCTD.
Mr. K. C. Mittal, Chairman with Mr.
Yugansh Mittal and Mr. Amit P.
Shahi, Advocates for Bar Council of
Delhi.
WITH
13
+ W.P.(C) 3357/2020
BALVINDER SINGH BAGGA & ORS. ..... Petitioners
Through: Mr. Amarjit Singh Chandiok, Senior
W.P.(C) 3362/2020 & connected matters Page 2 of 6
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.07.2020 18:57
Advocate with Mr. Naginder Benipal,
Advocate with Petitioner Nos.1, 3 to
5 in person.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Rajiv Nayyar, Senior Advocate
with Mr. Satyakam, ASC for
GNCTD.
Mr. K. C. Mittal, Chairman with Mr.
Yugansh Mittal and Mr. Amit P.
Shahi, Advocates for Bar Council of
Delhi.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
2. 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.
3. 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 ("NITs") was published after duly consulting with Mr. K.C.
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.07.2020 18:57
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.
4. 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
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.07.2020 18:57
Scheme, then the tender would also be more effective as the number of
eligible advocates would be much more.
5. 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.
6. 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.
7. 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.
8. The outcome of the meeting may be appraised to the Court on the
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.07.2020 18:57
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.
9. 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.
10. 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.
11. List all these petitions on 28th August, 2020 at the end of board.
PRATHIBA M. SINGH
JUDGE
JULY 17, 2020/dk/A
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.07.2020 18:57
