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VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Self Dependent Motor Driver Union, Represented By Its President Sri Tarun Borgohain, S/o. Late Paresh Borgohain – Appellant
Versus
Union Of India, Represented By The Secretary To The Govt. Of India, Ministry Of Petroleum And Natural Gas – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Mr. K. N. Choudhury, learned senior counsel, assisted by Mr. L. N. Dihingia, learned counsel, appearing on behalf of the appellants. Also heard Mr. P. S. Bhattacharyya, learned CGC, appearing on behalf of respondent No. 1; Mr. Indraneel Chowdhury, learned senior counsel, assisted by Mr. M. K. Das, learned counsel; appearing on behalf of respondents No. 2 to 4; and Mr. N. Das, learned Government Advocate, Assam, appearing on behalf of respondent No. 5.
2. The present intra-Court appeal is directed against the judgment & order, dated 25.09.2024, passed by the learned Single Judge in WP(c)4108/2024.
3. The brief facts requisite for the purpose of adjudication of the issues arising in the present proceeding, is noticed as under.
3.1. In pursuance of the demands raised from various organizations as well as the unemployed youths of Sivasagar District; a tripartite meeting between the District Administration, representatives of the Oil and Natural Gas Corporation Ltd.(ONGCL) and various organizations of Sivasagar District, was held on 08.08.2023, with regard to the issue of hiring of vehicles by the Oil and Natural Gas Corporation Ltd.(ONGCL).
The court upheld the tender process by ONGC, affirming that the draw of lots method is reasonable and aimed at addressing local unemployment, thus not violating constitutional rights.
The court established that a Draw of Lots in a tender process does not constitute a lottery under the Lotteries (Regulation) Act, 1998, and can be a valid method to address unemployment.
Tender conditions cannot differentiate based on ownership without rational basis, violating constitutional principles of equality and fairness. (Articles 14 and 19(1)(g))
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
Eligibility for contracting: To foster competition, firms and individuals to offer goods, work, and services required for the program, any conditions for participation shall be limited to those that ....
The main legal point established in the judgment is the importance of fair and transparent decision-making processes in accepting tenders and the need for clarity and legal certainty in tender norms ....
The formulation of tender conditions falls within the administrative domain of the authority, and judicial review is limited to preventing arbitrariness or favoritism. The courts cannot interfere wit....
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