1. The petitioner, is essentially aggrieved by the non-denial of subsidy to it by the respondents, under a scheme which is titled as: “Special Incentive Package Scheme” (in short the Scheme).

1.1 This scheme was notified by respondent no.1, to encourage, investments for setting up semi-conductor fabrication, and other micro and nano technology manufacturing industries, in India.

1.2 Since, the industry is supposedly capital intensive, and is required to frequently adapt to technological changes, the Government of India (GOI) thought it fit to create a conducive manufacturing environment by offering incentive packages, which were comparable, with what other countries had to offer.

1.3 It appears that the purpose was to attract global investments in the manufacturing sector as also to bridge the viability gap created, due to lack of adequate infrastructure and eco-system.

2. Consequently, the aforementioned scheme was framed and notified by respondent no.1 vide a gazette notification dated 21.03.2007 (in short the 2007 notification).

3. The 2007 notification, under clause 2.3, fixed two different thresholds of Net Present Value (in short the NPV) for investments to qualify for sub