Mahmud Ali vs. The Union Of INDIA And 2 Ors.

Held

The Court did not make a substantive decision on the interpretation of Clause C.2 of the e-Tender. Instead, the petitioner's counsel, after hearing the clarification provided by the respondents' counsel regarding the unambiguous nature of Clause C.2, sought to withdraw the writ petition. The petitioner requested liberty to file afresh if the need arose. The Court allowed this prayer, closing the writ petition as withdrawn. Therefore, no finding was reached on the ambiguity or interpretation of the tender clause, and no operative directions were issued concerning the tender itself.

Facts

The petitioner, Mahmud Ali, filed a writ petition before the Gauhati High Court seeking a decision from respondents nos. 2 and 3 (Oil and Natural Gas Corporation Ltd. and its Chief General Manager) on his representation dated March 20, 2023. This representation pertained to Clause 38.1 of e-Tender No.R16KC23003. The petitioner contended that Clause C.2 of the Bid Evaluation Criteria was open to multiple interpretations and required clarification. The respondents argued that the wording of Clause C.2 was unambiguous and allowed for only one interpretation regarding the quoted basic running rate per KM, exclusive of GST, in relation to diesel rates declared by IOC.

Key Issues

1. Whether Clause C.2 of the Bid Evaluation Criteria in e-Tender No.R16KC23003 is ambiguous and requires clarification, as argued by the petitioner. 2. Whether the interpretation of Clause C.2, as presented by the respondents, is the only possible interpretation, as contended by the respondents. Petitioner's Argument: The petitioner argued that Clause C.2 of the Bid Evaluation Criteria was subject to different interpretations, necessitating clarification from the respondents. The petitioner relied on the need for clarity in tender documents to ensure fair bidding processes. Revenue/State's Argument: The respondents (ONGC) argued that the wording of Clause C.2 was clear and did not permit any interpretation other than the one explicitly stated, which was that the quoted basic running rate per KM, exclusive of applicable GST, should not be less than 0.275 times the diesel rates declared by IOC for Sivasagar as on the TBO date.