1. Heard Mr. Diganta Das, learned senior counsel assisted by Mr. R.B. Phukan and Mr. R. Sharma, learned counsels appearing on behalf of the petitioner. Also heard Mr. K. Ete, learned Addl. Advocate General for respondent No. l and Mr. S. Dutta, learned counsel appearing on behalf of the respondent Nos. 2 and 3.

2. By filling this writ of certiorari, the petitioner who is proprietor of a firm M/s. Krishna Agency, has challenged the Notice Inviting Tender (NIT) and terms and conditions in the Request for Proposal ( ‘RFP’) for selection of Distributors and/or Selling Agents for Marketing of Conventional Paper and on-line Lottery floated by the State of Arunachal Pradesh.

3. Clause 3.1 of the RFP, which are under challenge as discriminatory and arbitrary, are as under :

“The company should be operational in India for at least the last 5 financial years.

‘The Bidder should be a profitable vendor for the last 3 years with profit records arid must have an annual gross turnover of not less than Rs, 50 crores per annum for the last 3 financial years (as on 31.3.2012)

The minimum experience of the Bidder should not be less than 1 year during last 3 years in the capacity of working directly with a

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