B G SLEEPER WORKS Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Writ Petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Mandamus and Certiorari, directing the Respondents to provide true copies of all the documents forming the basis on which the Petitioner was eliminated/ disqualified from participating in the reverse auction in tender bearing notice No. TS225033 floated by the Respondents; to quash and set aside the decision of the Respondents disqualifying the Petitioner from participating in the reverse auction in the said tender and, direct the Respondents to conduct the reverse auction afresh. It has also been prayed that this Court issue a Writ of Mandamus directing the Respondents not to issue a purchase order under tender notice No.TS225033.

(2.) The Petitioner herein has stated itself to be a partnership firm which is categorised as a Small Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006 ('MSME Act, 2006'). It has been further stated that it is a duly approved vendor of the Research Designs and Standards Organization ('RDSO') for manufacturing and supply of Presetressed Monoblock Concrete Sleepers.

(3.) The instant dispute revolves around registrations obtained by the Petitioner under the MSME Act, 2006, the Public Procurement Policy notified thereunder by the Respondent No. 1, and tender bearing notice No.TS225033 which was floated by the Respondents. Before delving into the same, it would be pertinent to outline the Public Procurement Policy notified by Respondent No. 1. On 23/3/2012, Respondent No. 1 had issued Notification No. 503 in exercise of powers conferred upon it under Sec. 11 of the MSME Act, 2006, thereby notifying the Public Procurement Policy in respect of procurement of goods and services, procured and provided by Micro and Small Enterprises, by its Ministries, Departments and Public Sector Undertakings ('PSUs'). The policy envisaged extending certain benefits/ granting preferential treatment to MSEs by increasing their participation in government procurements and making efforts towards the development of such vendors.