DEBANGSU BASAK, J.

1. The petitioners have assailed the process of granting contracts on nomination basis to the respondent nos. 5 and 6 by the respondent no. 2 as also the decisions to do so.

2. Learned Senior Advocate appearing for the petitioners has submitted that, award of contract on nomination basis cannot be done. He has referred to (Caterpillar India (P) Ltd. v. Western Coal Fields Ltd. & Ors., (2007) 11 SCC 32) and submitted that, the Supreme Court had issued certain directions upon the Central Government requiring an exercise to be undertaken to find out whether, purchase preference can be given in the matter of award of contract to public sector enterprises or not. In terms of the directions issued by the Supreme Court in Catarpillar India (P) Ltd. (supra), the Central Government had formed a committee by a writing dated March 24/25, 2008. Such committee had submitted a report dated May 14, 2008. The report had dealt with the respondent no. 5. The report had noted, the respondent no. 5 is a separate legal entity. It had stated that, for a long time solution, the respondent no. 5 may be converted into a subsidiary of the respondent no. 2 or a joint venture of the