KARUNA DEKA Vs. O N G C LTD

JUDGEMENT

(1.) Both the writ petitions assailing the particular tender process have been heard together and are being disposed of by this common judgment and order. The petitioners being aggrieved by the particular clause in the NIT rendering them ineligible to participate in the tender process have invoked the writ jurisdiction of this Court assailing the legality and validity of the same with further prayer to issue a writ of madamus directing the respondents to allow the petitioner to participate in the tender process.

(2.) The respondent corporation has issued the NIT dated 13.4.2007 inviting tenders for charter hiring of 3 Nos. of Steam Generating Units (SGU) for a period of 6 months in its website. The tender documents were to be issued from 13.4.2007 to 23.4.2007 and the bids were to be opened on 1.5.2007. Be it stated here that the tender involves two bids system. The pre qualification criteria has been indicated in the NIT, which is quoted below:

(3.) According to the petitioners the SGU can only be operated by a Boiler Attendant like that of the petitioners, who allegedly passed specified course for the purpose. It is the case of the petitioners that none of the contractors have any such qualification and/or conferred with any such licence, rather each of them operated the SGU through a Boiler Attendant like the petitioners. It is the further case of the petitioner that the aforesaid stipulation made in the NIT as the pre-qualification is only to see the ouster of the contractors like the petitioners, who have the certificates of competency issued by the Boiler Authorities. According to the petitioners, the respondent ONGC has insisted on the particular clause only for the North Eastern Regi on.