Soumitra Pal, J.

1. IN the writ petition, the petitioner No.1, a company incoporated in Japan, having been granted certificate of establishment of place of business in INdia pursuant to an application under section 592 of the Companies Act, 1956, and having its head office at Chennai and a branch at Kolkata and the petitioner No.2, its General Manager (East), have challenged the decision making process relating to the supply of USG Machines (black and white) pursuant to the tender notice dated 16th May, 2009 issued by the Government of West Bengal and have prayed for a direction upon the State not to issue work order in favour of Philips Electronics India Limited, the respondent No.5.

2. THE matter was moved on 26th November, 2009, when directions were issued to file affidavits and an order was passed to the effect that steps taken by the respondent authorities would abide by the result of the writ petition. Pursuant to the directions affidavits have been filed.

At the very outset, Mr. Bose, learned advocate for the State, submitted that since the petitioner No. 1 company is not an Indian citizen, it cannot invoke the constitutional writ jurisdiction except for the purpose o