Heard Mr. D. Saikia, learned senior counsel for the petitioners. Also heard Mr. Mr. M.K. Choudhury, learned senior standing counsel, Indian Oil Corporation, appearing for the respondent Nos.2 to 4 in WP(C) No.7420/2016 and for respondent Nos.2 to 6 in WP(C) No.7900/2016 as well as the learned Central Government counsel, appearing for the respondent No.1 in both the writ petitions.

2. The 2(two) writ petitions being connected, are listed together and as agreed to by the learned counsel appearing for the parties, they are taken up for disposal at the admission stage.

3. In WP(C) No.7420/2016, affidavit was filed by the respondent Nos.2, 3 & 4 and reply to the said affidavit had also been filed. The petitioner Nos.1 to 12 in both the writ petitions are same. In addition, in WP(C) No.7900/2016, there is an additional petitioner.

4. The pleaded case of the petitioners are that they are 2(two) types of registered Contractors under the Indian Oil Corporation Limited (for short, “IOCL”), viz. (i) Zonal Contractors and (ii) Empanelled Contractors. The Zonal Contractors are those who are allotted works up to Rs.30 Lacs and the Empanelled Contractors are those who are allotted works above Rs.30 Lacs. There are 4(four) Zones of IOCL in the State, namely, (i) Guwahati Zone, (ii) Tinsukia Zone, (iii) Silchar Zone and (4) Imphal Zone. It is stated in both the writ petitions that except petitioner No.9, petitioner Nos.1 to 8, 10 to 12 are registered as Zonal Contractors of Guwahati Zone in which there are 26(twenty-six) Zonal Contractors. In WP(C) No.7900/2016, nothing has been said about the petitioner No.13. It is averred that except petitioner No.9, the petitioners have been executing various Civil/Electrical/Mechanical/Pipeline contracts at various Retail Outlets, Consumer Outlets, Consumer Depots, Storage Depots etc. under the IOCL throughout the North East Region for more than last 10(ten) years.

5. The Chief Engineering Manager, Indian Oil AOD State Office, Guwahati had floated an e-Tender dated 06.05.2016 inviting tenders for empanelment of Contractors for carrying out Civil/Electrical/Mechanical/Pipeline Works at various Indian Oil Retail Outlets, Consumer Outlets, Consumer Depots, LPG Bottling Plants, Terminals, Depots, Aviation Fuelling Stations etc. under Indian Oil AOD State Office for a period of 3(three) years. The last date of submission of e-Tender was fixed on 08.06.2016 up to 1430 Hours and the date and time of opening of tender was fixed on 09.06.2016 at 1500 Hours. The e-Tender was issued for empanelment in Category-I, which is for amount above Rs.30 Lacs to Rs.75 Lacs, Category-II for Rs.75 Lacs to Rs.150 Lacs and Category-III for Rs.150 Lacs to Rs.200 Lacs and Clauses-11, 12 and 13, respectively, prescribed the respective pre-qualification criteria. Averments made in the 2(two) writ petitions indicate that the petitioner Nos.1, 3, 5 to 12 submitted their bids for Category-I, while the petitioner Nos.2 and 4 submitted their bids for Category-I and Category-II. Nothing has been indicated with regard to the petitioner No.13 of WP(C) No.7900/2016.

6. As considerable period of time had elapsed after opening of the tenders, the petitioners made enquiries as to why there was delay in finalising the empanelment process. The petitioners were informed that the tenders were under consideration. At this stage, the General Manager (Contract Cell), Eastern Regional Office, Kolkata issued a tender dated 10.11.2016 in the official website inviting public tender seeking Techno- Commercial bids from eligible Contractors for empanelment as Contractors for construction/maintenance works at Retail/Consumer Outlets, Consumer Depots, Storage Depots, Terminals, Aviation Fuelling Stations (AVS) of IOCL under Indian Oil AOD State Office for a period of 3(three) years. Thereafter, by e-mail dated 17.11.2016, the petitioners were informed that the earlier tender notice dated 06.05.2016 had been cancelled. On enquiries made by the peti