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Judgment
Manoj Kumar Tiwari, J
Petitioners are Small Scale Industries, who are registered as such under Micro, Small and Medium Enterprises Development Act, 2006. According to the petitioners, Small Scale Industries are entitled to certain relaxation in terms of Procurement Policy framed by Ministry of Micro, Small and Medium Enterprises. Petitioners are aggrieved by condition imposed by respondent nos. 2 & 3 in the bid document that every bidder must have average annual turnover of ` 100 Crores, during the last three financial years. The said condition, according to the petitioners, is unsustainable, as it is contrary to the guidelines issued by the Central Government.
Learned Assistant Solicitor General for Union of India/respondents submits that there is no stipulation in the guidelines, regarding relaxation in turnover of the bidder. He further submits that the said guidelines do not have any statutory force and, moreover, in the guidelines, it is provided that employer may grant relaxation in respect of turnover to M.S.M.E.'s; but, extent of relaxation has not been indicated. He further submits that if petitioners make representation to Chief Engineer (respondent no. 2), decision thereupon shall be taken at the earliest.
In such view of the matter, the writ petition is disposed of with liberty to petitioners to make a joint representation to respondent no. 2, within one week from today. If such representation is made within the stipulated period, the Chief Engineer shall look into the matter and take appropriate decision, in accordance with law, within two weeks' from the date of receipt of representation alongwith certified copy of this order.