The Delhi High Court has kept in abeyance a blacklisting order against the Foundation, observing that the decision appeared to be in violation of established principles of natural justice.
The case arose from a challenge to a communication dated 30 October 2025 issued by the Ministry of Skill Development and Entrepreneurship (MSDE), which effectively blacklisted the aggrieved party. The petitioner contended that the blacklisting was imposed in violation of settled legal principles, particularly the requirement of adherence to natural justice, and that no formal blacklisting order had even been supplied to it. It was argued that such action carries serious civil consequences and cannot be taken without due process.
Justice Purushaindra Kumar Kaurav noted that the impugned order was inconsistent with the law laid down by the Supreme Court, particularly in Kulja Industries Ltd. v. Chief General Manager, BSNL, (2014) 14 SCC 731, which mandates adherence to procedural fairness before blacklisting an entity.
The Court observed that blacklisting carries serious civil consequences and cannot be imposed without following due process. It found that the impugned order would not withstand judicial scrutiny, though it refrained from giving any final opinion.
Taking note of the submission that the petitioner’s representation is pending before an Inter-Ministerial Committee, the Court allowed the Committee to proceed and take a final decision.
In the meantime, the blacklisting order dated 30 October 2025 has been stayed, with liberty granted to the petitioner to seek further remedies depending on the outcome of the Committee’s decision.
Appearances
Petitioner- Mr. Gautam Narayan, Sr. Advocate with Mr. Noor Shergill, Ms. Anuja Pethia, Mr. Aditya Abhyankar, Ms. Asmita Singh, Mr. Rishabh Nigam, Mr. Rishabh Govila, Ms. Kshirja Agarwal, Ms. Amisha Aggarwal, Advocates.
Respondent- Mr Ripudaman Bhardwaj, CGSC with Mr Amit Kumar Rana, Adv.
