ORDER :

The petitioner has filed the present Writ Petition for a writ of certiorari to quash the notification dated 17.7.2017 made in No.DPAL 22 SHASANA 2016 Karnataka Transparency in Public Procurements (Amendment) Act 2016 as per Annexure-A as ultra vires of the Constitution of India. To be more specific, the petitioner has sought for quashing the above notification amending the provisions of Section-6 of the KTPP Act by inserting the following:

“provided that, the tender inviting authority shall, in the notified Departments out of those construction works, value of which does not exceed Rs.50.00 lakhs such number of works not exceeding 17.15 percent be tendered only among the tenders belonging to the Scheduled Castes Category and such number of works not exceeding 6.95 percent be tendered only among tenderers belonging to the Scheduled Tribes Category, by taking out the notices, communications and publications required to be taken following the prescribed procedures; Provided further that, if no tender from persons belonging to the Scheduled Castes or Scheduled Tribes as the case may be, is received in response to the invitation in two attempts such works may be tendered among oth