ORDER

26.11.2024 Heard Mr. H.K. Das, learned counsel for the petitioners. Also heard Mr. I.

Choudhury, learned Sr. Counsel for the ONGC/respondent Nos.2, 3 & 4 assisted by Mr. B. Choudhury, learned counsel. Ms. R.R. Saikia, learned counsel appears on behalf of Mr. S.K. Medhi, learned CGC for the respondent No.1.

2. The petitioners are aggrieved with the inclusion of the District Employment Exchange, Golaghat, Jagat Goswami Path, Chandmari, Assam-785621 as one of the employment exchanges, from which registered candidates can apply for participating in the NIT No.L46BC24007 dated 10.10.2024 issued by the ONGC, for hiring of the services of 52 brand new light vehicles (taxis) for the operational area of the ONGC Jorhat Asset, for a period of 4 years. The successful candidates are thereafter to be selected by draw of lots, on the basis of “one application one vehicle”. The challenge made is on the ground that the applicants from the District Employment Exchange, Golaghat, Jagat Goswami Path, Chandmari, Assam-785621 (hereinafter referred to as the ‘DEE, Golaghat’), are not within the operational area of the ONGC Jorhat Asset.

3. The petitioners’ second grievance is that the terms of the NIT require the applicants to be within the age group of 18-55 years, which is unreasonable and has no nexus to the object to be achieved through the NIT.

4. The petitioners’ counsel submits that prior to the issuance of the NIT dated 10.10.2024, inviting applications from four employment exchanges, for the operational area of the Jorhat Asset, the ONGC had issued an NIT dated 31.07.2024 for the operational area of Sivasagar district. The applicants who could participate in the NIT dated 31.07.2024 for the Sivasagar operational area, were only those who were registered in employment exchanges within the operational area of Sivasagar district. The petitioners, being registered with an Employment Exchange in Golaghat district, could not participate in the NIT dated 31.07.2024, as applications were invited only from the operational area relating to Sivasagar district. However, in the subsequent NIT dated 10.10.2024 for the Jorhat Asset, the ONGC have made a deviation in terms of the persons who can apply for the NIT, by calling for candidates from employment exchanges beyond the operational area of the ONGC, Jorhat Asset, i.e. from the District Employment Exchange, Golaghat, Jagat Goswami Path, Chandmari, Assam-785621, (DEE, Golaghat).

5. The petitioners’ counsel submits that persons who are registered with the DEE, Golaghat cannot participate in the NIT dated 10.10.2024, as the DEE, Golaghat, which is registered at Jagat Goswami Path, Chandmari, does not fall within the operational area of the ONGC, Jorhat Asset, while the petitioners who are from the Employment Exchange, Dhansiri, Barpathar, Golaghat district, fall within the operational area of the ONGC, Jorhat Asset.

6. The petitioners’ counsel also submits that during the pendency of the writ petition, a draw of lots has been conducted by the ONGC, for selecting the successful tenderers and in this respect, some applicants have been selected by the ONGC, one of them being registered with the employment exchange of Goalpara district, which is not a part of the operational area of the Jorhat Asset. He submits that the entire tender process of selecting the successful tenderers being illegal, the selection of the successful tenderers by way of draw of lots should be cancelled. He however submits that he does not know the origin of all the tenderers (employment exchanges) who have been declared successful, in terms of the NIT dated 10.10.2024, pursuant to the draw of lots.

7. The counsel for the petitioners submits that the petitioners have been working under the ONGC, by providing their vehicles as taxis for the last 23 years. He submits that with the ONGC allowing applicants from the DEE, Golaghat to participate in the NIT, there is more competition, which reduces the chances of the petitioners who are from