JUDGMENT

Satish Chandra Sharma, C.J. (Oral)--The petitioners before this Court have filed the present writ petition under Article 226 of the Constitution of India in respect of a tender dated 04.01.2023 issued by the respondents for procurement of drugs to CGHS Wellness Centres in Delhi/NCR (subject tender).

2. In the writ petition, it has been stated that all the five petitioners are Chemists carrying out trade in the city of Delhi-NCR and they are also s Non-MSE (Micro and Small Enterprises) bidders in respect of the E-tender published by the respondents.

3. The petitioners submitted their bids, however, filed the instant petition during the pendency of the tendering process being aggrieved by Clause 4.2 of the Notice Inviting Tender (NIT) which is detailed as under:

"4.2 In compliance with Public Procurement Policy for MSE:

a) Participating bidder who is a registered MSE, and who is quoting price within price band of L1+15 %, shall be empaneled as ALC for a unit by bringing down their price to L1 price in a situation where L1 for the equipment is a non MSE entity. In case of ALC discount, the chosen bidder would be the one quoting the highest discount (H1), in place of lowest pri