$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 25.03.2026 + W.P.(C) 3781/2026 & CM APPL. 18537/2026 M/S AARTHI OIL AND GAS EXPLORATION SERVICES PRIVATE LIMITED .....Petitioner Through: Dr. Shashwat Bajpai, Ms. Mishika Bajpai and Mr. Mayank Chaturvedi, Advocates.

versus OIL AND NATURAL GAS CORPORATION LIMITED & ORS. .....Respondents Through: Mr. Chetan Sharma, ASG with Mr.

Abhimanyu Garg, Mr. Amit Gupta, Mr. R. V. Prabhat, Mr. Shubham Sharma, Mr. Yash Wardhan Sharma, Ms. Preety Makkar, and Mr. Naman, Advocates for R1 & R2.

Mr Ankur Mittal, CGSC along with Ms Aditi Singh, GP and Ms Rabaica Jaiswal, Advocate for R3.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO , J. (ORAL)

1. This petition has been filed by the petitioner with the following prayers:-

“(i) Issue a Writ of Certiorari or a Writ in the nature thereof, quashing the impugned technical disqualification orders dated

20.02.2026 and 19.03.2026 in respect of GeM Bid No.GEM/2025/B/6841328 dated 04.11.2025 for Schedules 1 and

6;

(ii) Issue a Writ of Mandamus or any other appropriate writ order or direction in the nature thereof, directing the Respondent ONGC to reevaluate the Petitioner's bid by applying the 15% turnover relaxation under Clause FF of the Commercial Terms & Conditions to the financial parameters of the Supporting Company DGEIPL;

(iii) Issue a Writ of Mandamus directing the Respondent to allow the Petitioner to participate in the Reverse Auction and file its financial bid pending disposal of this Petition;

(iv) Issue a Writ of Mandamus directing the Respondent not to fmalise or award the contract in respect of the said Schedules pending the disposal of this Petition;

(v) Pass an order of status quo directing the Respondent not to take any further steps towards finalisation, execution, or operationalisation of any contract awarded pursuant to GeM Bid No.GEM/2025/B/6841328 dated 04.11.2025 in respect of Schedule I and Schedule 6, pending the disposal of the present Writ Petition (vi) Issue a Writ of Certiorari or a Writ in the nature thereof, calling for the complete records pertaining to the proceedings before the Independent External Monitors (IEMs), including the hearing held on 17.03.2026, all file notings, deliberations, correspondence, and the full, unredacted opinion rendered by the IEMs in relation to the Petitioner's representation, and after examining the same, be pleased to quash and set aside any findings adverse to the Petitioner therein.

(vii) Pass any such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

2. The case of the petitioner as contended by Dr. Shashwat Bajpai, learned counsel for the petitioner is that the petitioner/ ‘M/s. AOGESPL’ is a duly incorporated company registered as a ‘Micro Enterprise’ (ME) and also recognised as a Startup by the Department for Promotion of Industry and Internal Trade under the Startup India Initiative which is valid until

27.12.2033. The petitioner's supporting company, M/s. Dharani Geotech Engineers India Private Limited (‘DGEIPL’), holds 51% equity in the petitioner company and is equally registered as a ‘Small Enterprise’ and is also startup.

3. According to him, respondent no.1/ Oil and Natural Gas Corporation Limited (ONGC) had floated a tender GeM Bid No. GEM/2025/B/6841328 dated 04.11.2025 on the Government e-Marketplace (GeM) portal for “Hiring of Integrated SJS and SHD Services for onland 2D and 3D Seismic Data Acquisition by Deploying Departmental Crews”.

4. The challenge in this petition is primarily to the disqualification order through GeM portal on 20.02.2026 communicated by the email dated 25.02.2026 and non-speaking email dated 19.03.2026 in respect of Schedule

1 and Schedule 6 of bid dated 14.11.2025.

5. According to Dr. Bajpai, Clause CC of Criteria for Ascertaining Financial Capability of the Bidders (‘Criteria’ for short) expressly permits a bidder who cannot me