IMPORTANT POINT
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.

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). In terms of the deliberations held in the said meeting; a decision was arrived at to the effect that the Oil and Natural Gas Corporation Ltd. (ONGCL) would issue tenders for hiring of passenger vehicles by adopting the principle of ‘one applicant, one vehicle’ and by resorting to the process of selection for award of contracts by way of draw of lots. It was also decided that experience certificate for the driver issued by the owner of the commercial vehicle would be accepted by the Oil and Natural Gas Corporation Ltd. (ONGCL) authorities and equal weightage would be given to all qualified bidders.

3.2. The aforesaid meeting also requested the Oil and Natural Gas Corporation Ltd.(ONGCL) authorities to review the matter at their level and come up with a rationale solution so as to address the genuine demands of the unemployed youth in the area. In pursuance of the said decision as arrived at the meeting held on 08.08.2023; the Oil and Natural Gas Corporation Ltd.(ONGCL) authorities, vide communication, dated 19.09.2023, reviewed the process of evaluation of tenders for “hiring of light vehicle in the Assam Asset” and decided for hiring of light passenger vehicles on one applicant, one vehicle basis, at the rate to be fixed by the Oil and Natural Gas Corporation Ltd.(ONGCL) authorities through a process of draw of lots. Accordingly, it was also stated that the provisions of the integrated M.M. Manual was modified in respect of evaluation of tenders for hiring of vehicles in the Assam Asset as per Annexure-I attached to the said Communication.

3.3. The decision as contained in the said communication, dated 19.09.2023, issued by the Oil and Natural Gas Corporation Ltd.(ONGCL) authorities along with the decision of the said authority to cancel a tender issued in the month of July, 2023, for hiring of passenger vehicles came to be challenged before this Court by way of institution of a writ petition being WP(c)6208/2023. The learned Single Judge on consideration of the issues so arising, was pleased vide order, dated 18.06.2024, to dismiss the said writ petition upholding the policy as adopted by the Oil and Natural Gas Corporation Ltd.(ONGCL) authorities and contained in the communication, dated 19.09.2023. Further, the cancellation of the tender in the matter, issued in the month of July, 2023, was also upheld.

3.4. In pursuance of the said development; the Oil and Natural Gas Corporation Ltd.(ONGCL) authorities proceeded to issue an Notice Inviting Tender(NIT), bearing Tender No. R16DC24005, dated 31.07.2024, for the purpose of hiring of services of brand new 372 nos. of light vehicles(taxi) for the Assam Asset for a period of 4 years on lottery basis. The Make and Model of the vehicles so required along with the numbers of such vehicles required against