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SCA/992820/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9928 of 2008
=========================================================
S.MARK
INDUSTRIES & 2 - Petitioner(s)
Versus
OIL
AND NATURAL GAS CORPORATION LTD & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MB GANDHI for
Petitioner(s) : 1 - 3.
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 04/08/2008
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
Heard
the learned advocate.
The
petitioners, the former contractors with the respondent Oil and
Natural Gas Corporation Limited (hereinafter referred to as, the
Corporation ), have
preferred this petition under Article 226 of the Constitution of
India to challenge the bid evaluation system adopted by the
Corporation for giving contracts for laying the oil pipelines.
Mr.Gandhi
has submitted that for past 20 years or more the Corporation had
adopted policy to distribute the tender work amongst several
contractors including the petitioners. That system had served the
Corporation well. However, recently, the Corporation has, in Mehsana
Division, adopted the new policy known as bid evaluation system. The
said system has in-built lacunae. The petitioners and other
contractors had pointed out such lacunae and had called upon the
Corporation to continue with the old system. Nevertheless, the
Corporation proceeded further with the tender process. It invited the
tenders and amongst those who submitted the tenders, two contractors
have been awarded contract in the proportion of 66% and 34% of
contract work. The petitioners have, thus, been ousted from the
contract work.
Though
it is alleged that the bid evaluation system is adopted/evolved with
malafide intention, no malafide has been established/demonstrated.
Which system the Corporation should adopt is for the Corporation to
decide. A court of law is not required to examine the
viability/feasibility of such system or whether the Corporation could
have evolved a better system. Moreover, it is not in dispute that the
petitioners did not submit their respective bid. Nor did they
participate in the tender process. The petitioners, therefore, in our
view, have no locus standi either to challenge the system adopted by
the Corporation or to challenge the action of the Corporation in
giving contract to the respondents nos.2 and 3.
For
the aforesaid reasons, the petition is dismissed. The registry will
send the writ of this order to the respondent no.1.
(Sharad
D.Dave, J.) (Ms.R.M.Doshit, J.)
/moin
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