Anima Hazarika, J.

1. The grievance made and relief claimed in the writ petitions being same, both the writ petitions were heard together and are being disposed of by this common judgment and order.

2. The first writ petition being W.P.(C) No. 5741 of 2009 has been filed challenging the communication dated 02.09.2009 whereby the Deputy Inspector General of Police (MPC), Assam had conveyed the Principal Secretary to the Government of Assam, Home and Political Department to the effect that in view of the release of fund by the Government of India, in the Ministry of Home Affairs for procurement of Non-Bullet Proof Vehicles, Bullet Proof Vehicles and FRP Speed Boat, vide letter dated 08.08.2008, tender was floated as per the decision of the Technical Committee for procurement of these items and the Purchase Committee in its meeting held on 09.06.2009 under the Chairmanship of Director General of Police (DGP), Assam have accepted the rates of Mahindra SUV quoted by M/S Mahindra Defence System and of Bullet Proof Tata Sumo quoted by M/S Abhishek Motors Private Limited, authorized dealer of Tata Motors Limited at the rate quoted by them. Hence, the Government was requested for sanction of total amount of Rs. 1,25,92,537/- for purchase of these vehicles so that the Bullet Proof vehicles could be procured in the financial year of 2009-10.

3. The second writ petition being W.P.(C) No. 5743 of 2009 also has been filed by the same Petitioner challenging the same order dated 02.09.2009. The first writ petition is relating to the tender submitted by the writ Petitioner for supply of Bullet Proof Mahindra SUV, the second writ petition relates to the tender submitted by the writ Petitioner for supply of Bullet Proof Tata Sumo.

4. Basic facts of both the writ petitions being same, brief narration thereof is given herein below:

By two notice inviting tenders (NIT for short) issued by the Deputy Inspector General of Police (MPC), Assam, sealed tenders were invited "for supply/procurement of 25 (Twenty Five) Nos. of Mahindra SUV under DGS & D rate contract if available and Bullet Proofing/Armouring of the same" (in WP(C) No. 5741 of 2009) as well as "16 (Sixteen) Nos. of Tata Sumo vehicles with 3 Liter DICOR with 30 Kg-m Torque and 115 PS under DGS & D rate contract if available and Bullet Proofing/Armouring of the same" (In WP(C) No. 5743/2009) for Assam Police during the year 2008-2009 from suppliers, Dealers, Distributors, Manufacturers or their Authorized Agents. The tenderers were requested to submit tenders in two bid system i.e., Technical bid and Commercial bid in separate sealed cover along with attested copies of certificates as required under the tender notice. It is further stipulated in Clause 9 of both the Notice Inviting Tenders that "Tenders quoting rates as Dealer/Distributor/Authorized Agent etc. must submit authority letter for the item(s) quoted for from their manufacturers.

5. The writ Petitioner No. 1 in both the writ petitions described itself as a company registered under the Companies Act 1956 of which the Petitioner No. 2 is the Executive Officer representing the company. It has been further stated in both the writ petitions that the writ Petitioner No. 1 is the oldest original manufacturer of Bullet Proof vehicles with in house facility to manufacture Bullet Proof glass and armour steel from their principal in Germany on any manufacturer chassis and are regularly supplying the products to different agencies since 1972 including Army, State Government, Defence and Paramilitary forces. The company is the Industrial partners of Defence Research and Development Organization (DRDO), Ministry of Defence for supply of manufacturing of Bullet Proof products. The company's Bullet proof products have been approved by the V.R.D.E. (Vehicle Research and Development Establishment), Ministry of Defence. The said Bullet proof materials including Bullet proof glass and armour sheet are also approved by TBRL (Terminal Ballistic Resea