RANISATI PIPE INDUSTRIES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED of the order dated 04.04.2006 passed in W.P. (C) No. 1046 of 2006 dismissing the writ petition, the appellant has filed this Letters Patent Appeal challenging the order.

(2.) THE appellant is a small scale manufacturing unit, registered with the Directorate of Industries in the State of Jharkhand having its industrial unit at Jamshedpur. The State of Jharkhand through the Department of Water Resources issued N.I.T., inviting tenders/quotations under No. 12/Pur -Pipes and Fittings for purchase of P.V.C. Pipes with ISI/ISO 9001:2000 Certification. This N.I.T. was for an Emergent Quotation Notice. The date for supply of documents was stipulated as 17.02.2006 to 21.02.2006 and the last date for receipt of the bid was 22.02.2006 upto 3:00 P.M. and the opening of the bid was on the same day i.e. 22.02.2006 at 3:30 P.M. in the Office of the Secretary, Water Resources Department (Government of Jharkhand), Nepal House, Doranda, Ranchi. The bids were to be submitted in two separate envelopes as 'Technical Bid' and 'Financial Bid'. Some of the terms and conditions of the N.I.T. relevant for purposes of this Appeal are noticed hereunder:

(3.) CHALLENGE to the N.I.T. was two fold: (i) That the aforesaid condition of annual turn over of Rs. 250 Crores and manufacturing capacity of 50,000 MT per annum have been incorporated to exclude small and particularly local manufacturers and with a view to help the few large manufacturers. (ii) These conditions run contrary to the State's Industrial Policy, which, inter alia under Clauses 32.1, 32.1.1, 32.1.2, 32.1.3, 32.1.4 and 32.2 prescribe market support to the local industrial units with a clear stipulation that minimum 75% of the total order is to be placed with the local industries situated within the State though without compromising with the quality. Relevant extracts of the Industrial Policy are noticed hereunder: MARKETING ASSISTANCE AND OTHER LINKAGES