JUDGMENT :

1. On account of the resurgence of COVID - 19 Pandemic, matter is again being considered through Video Conferencing. Parties have made submissions at length yesterday as well as today from their residence. The Court Master and Secretary are also part of the Virtual Court Proceedings with the aid of Audio-Visual Technology.

2. The writ petition has been filed with a prayer seeking quashing of E-Tender (Notice Inviting Tender) (for brevity, NIT) Reference No 05/State Health Society, Bihar (for brevity SHSB)/IEC (printing and supply)/2020 - 2021 inviting bids from Agencies desirous of entering into rate contract for printing and supplying of various modules, registers, cards etc for the SHSB. The NIT has been assailed on the ground that the same does not provide the benefits of exemption from Earnest Money Deposit (EMD for brevity), and purchase preference to Small Scale Industrial Units (SSIU for brevity) as contemplated under the Bihar Finance (Amendment) Rules, 2005 (for brevity, BFR 2005) and the Stores Purchase Preference Policy, 2002 (for brevity, SPPP, 2002). The NIT is therefore legally unsustainable. Petitioners seek a direction to the State Health Society Bihar to follow the procedure of procurement by giving exemptions as per the said Act and Policy.

3. At the very outset, Mr. Y.V. Giri, learned senior counsel who has appeared on behalf of intervener-respondent No. 19, raises a preliminary objection that the petitioners cannot maintain the instant writ petition for the following reasons:

The benefits have been claimed as being due to SSIU, but based on the certificates issued by the Ministry of Micro Small and Medium Enterprise (MSME for brevity), Government of India, brought on record by the petitioners themselves at Annexure 19 of the 04th supplementary affidavit, petitioner No 2 is not a Small Scale Industrial Unit (for brevity, SSIU), but has been classified as a medium enterprise.

Petitioner No 3, has been categorized as a small manufacturing enterprise and not SSIU. Petitioner No 3 has already filed his tender document under the terms and conditions of the NIT and is, therefore, estopped from assailing the terms.

Petitioner No 4 has been classified as Micro Manufacturing Enterprise and is not an SSIU.

Petitioner No 5 has also been classified as Micro Manufacturing Enterprise and is not an SSIU.

4. He has further submitted that the writ petition has been filed after considerable delay, after the last date (22.08.2020) fixed for submission of NIT, and is barred by delay and laches.

5. In support of this submission, he has relied upon decision of Hon'ble Supreme Court of India in Central Coalfields Limited & Another -Versus- SLL - SML (Joint Venture Consortium) & Others, reported in (2016) 8 SCC 622.

SUBMISSIONS OF PETITIONERS' SENIOR COUNSEL

6. Learned senior counsel Mr. P.K. Shahi appearing for the petitioners, on the other hand has submitted that petitioner No 1 is an association of offset printers in the State of Bihar, registered under the Societies Registration Act. After the year 2005 every micro, small and medium industry has to be registered online at the Government Portal for MSME (Udyam) registration, by the Ministry of Micro, Small Medium Enterprises, Government of India. Petitioners No 2 to 5 are printers and registered SSIU. No separate registration as SSIU with the State Government is required. Based on certificates issued by the Ministry of MSME the petitioners are entitled to the benefits which they have claimed.

7. The Erstwhile Ministry of Small Scale Industries, Government of India had issued a notification, under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act for Brevity). The same was published in the Gazette of India dated 30.09.2006 (Annexure-22). Based on quantum of investment on plant and machinery, It classified manufacturing enterprises into Micro, Small and Medium category. As per this notification a small manufacturing enterprise was one whose investment on plan