Delhi High Court Directs GeM to Reopen Tender Portal After Technical Glitches Prevented Coal Supplier from Submitting Bids; Holds Genuine Bidder Cannot Be Penalised
NTPC Coal Tender: Delhi High Court Directs Acceptance of Bid After GeM Portal Malfunction Prevented Timely Submission
Facts
NTPC issued four simultaneous tenders through the Government e-Marketplace (GeM) portal for procurement of domestic coal for its thermal power stations at Gadarwara, Solapur, Kudgi and Khargone. The petitioner, ALPS Mining Services Private Limited, intended to participate and had already deposited the bid security of ₹4 crore, submitted the Power of Attorney and completed all preparatory formalities before the deadline. On the last date for submission, however, the petitioner repeatedly failed to access the GeM portal due to technical glitches. It immediately lodged complaints with the GeM Helpdesk and NTPC, enclosing screenshots and screen recordings. Although GeM acknowledged the complaints and later admitted that technical issues had affected the portal, NTPC declined to extend the submission deadline for the petitioner. Consequently, the petitioner approached the Delhi High Court seeking an opportunity to submit its bids.
Issues
- Whether a bidder can be denied participation in a public tender due to technical glitches in the Government e-Marketplace (GeM) portal.
- Whether the Court should exercise its writ jurisdiction under Article 226 to grant relief where portal failures prevented timely submission of bids.
- Whether fairness in public procurement required reopening the bidding process despite the expiry of the original deadline.
Petitioner’s Arguments
The petitioner argued that it was fully prepared to submit its bids and had completed all mandatory requirements well before the deadline. The failure to upload the bids was solely attributable to technical glitches on the GeM portal, which were beyond its control. It immediately informed both GeM and NTPC, repeatedly attempted to log in, and furnished documentary evidence of the errors. Since GeM itself acknowledged the technical issues and extended timelines for other affected bids, refusing similar relief in the petitioner’s case was arbitrary and violated principles of fairness, transparency and equal opportunity in public procurement. The petitioner relied upon Vishwa Traders v. Government e-Marketplace (GeM) to contend that bidders should not suffer for technical failures attributable to the Government portal.
Respondent’s Arguments
GeM admitted that certain functionalities of the portal were intermittently affected and that a public ticker had notified users regarding the technical issues. However, it argued that bidders were expected to submit bids well before the deadline and that several participants had successfully uploaded their bids on the same day. NTPC contended that the petitioner attempted submission only during the last hour, failed to exercise due diligence, and that reopening the process would delay urgent coal procurement affecting electricity generation. The respondents further relied upon earlier decisions where relief had been denied because no systemic portal failure had been established.
Analysis of the Law
The Court reiterated that public procurement by State entities must satisfy constitutional standards of fairness, transparency and equal opportunity. Adoption of electronic procurement systems cannot justify exclusion of eligible bidders where the failure results from technological deficiencies of the Government’s own platform. The Court emphasised that when a bidder demonstrates bona fide attempts to participate and the procuring authority itself acknowledges technical glitches, the bidder cannot be penalised for circumstances entirely beyond its control. The extraordinary jurisdiction under Article 226 can be exercised to prevent arbitrary exclusion and to preserve fair competition in public tenders.
Precedent Analysis
The Court relied upon Vishwa Traders & Anr. v. Government e-Marketplace (GeM), where it was held that technological limitations of the GeM portal cannot defeat a bidder’s fundamental right to participate in public procurement when the bidder is not at fault.
The Court distinguished:
- Jindal Steel and Power Ltd. v. Union of India, where no portal malfunction was established and the delay was attributable to the bidder.
- Great Eastern Energy Corporation Ltd. v. Union of India, where the petitioner failed to prove any systemic technical failure.
- Agravanshi Private Limited v. State of Goa, where there was no evidence that other bidders suffered similar technical problems.
Unlike those cases, GeM itself admitted the existence of technical glitches, displayed a public advisory extending affected bids, and received hundreds of complaints regarding portal failures. Accordingly, those precedents were held inapplicable.
Court’s Reasoning
The Court found that the petitioner had made repeated attempts to access the portal, promptly reported the technical failures, and had already deposited substantial bid security, demonstrating its genuine intention to participate. GeM’s own affidavit admitted that technical glitches had affected the portal and that hundreds of complaints had been received. The fact that some bidders managed to upload bids during intermittent restoration of services did not negate the petitioner’s inability to do so. Public authorities conducting tenders are obligated to maximise fair competition and cannot exclude an otherwise eligible bidder because of failures in the Government’s technological infrastructure. Since only the technical bids had been opened and the financial bids remained unopened, granting the petitioner an opportunity to submit its bid would neither prejudice the tender process nor compromise public interest.
Conclusion
The Delhi High Court allowed the writ petitions and directed GeM to reopen the portal for the petitioner and provide a fresh login ID to enable submission of the bids. If reopening the portal was technically infeasible, GeM was directed to accept the petitioner’s bid physically in a sealed cover. NTPC was thereafter directed to process the petitioner’s bid in accordance with the tender conditions. The Court held that a genuine bidder cannot be denied participation in public procurement solely because of acknowledged technical glitches in the Government’s e-procurement portal.
Case Details
Case: ALPS Mining Services Private Limited v. NTPC Limited & Anr. (Connected Matters)
Court: High Court of Delhi at New Delhi
Case Number: W.P.(C) 9184/2026, W.P.(C) 9191/2026, W.P.(C) 9233/2026 & W.P.(C) 9243/2026
Judge: Hon’ble Mr. Justice V. Kameswar Rao and Hon’ble Ms. Justice Manmeet Pritam Singh Arora
Date: 05 August 2026
Result: Writ Petitions Allowed; GeM directed to provide the petitioner an opportunity to submit its bids by reopening the portal or accepting physical sealed bids, and NTPC directed to process the bids in accordance with the tender conditions.
