Prasanta Kumar Deka, J.

1. Heard Ms. S. Kejriwal, learned counsel appearing for the petitioner in WP (C) No. . 638/2017 and for respondent No. 4 in WP (C) No. 7912/2016 and Mr. J. Roy, learned counsel for the respondent Nos. 1 and 2 in WP (C) No. 638/2017 and for respondent Nos. 1, 2 and 3 in WP (C) No. 7912/2016. Also Mr. R. Dubey, learned counsel for the petitioner in WP(C) No. 7912/2016 and respondent No. 3 in WP.(C) No. 638/2017 and Mr. SC Keyal, learned Assistant Solicitor General of India, appearing on behalf of the respondent No. 4 in WP (c) No. 638/2017. M/s. Numaligarh Refinery Limited, a Public Sector Undertaking, the respondent No. 1 (in both the writ petitions) vide E-tender Reference No. OCO 5000141/SKD issued on 11.11.2016 Notice Inviting Tender for supply of total 20,00,000/- (Twenty Lakhs) Wax Carton Box (Five and Three Ply) as per specifications, dimensions and drawings. As per the tender details, the Bid submission date was 5.12.2016 and Technical Bid opening was on 6.12.2016. The said notice mentioned under the heading Special Note amongst others, the following:-

"Special Note:-

1. This tender is for MSE vendors only & offer from others shall not be considered.

2. For consideration as a MSE vendor, bidder has to upload (mandatory) the scan copies of the following documents in the online portal & hard copies to be sent through courier to commercial department. For details please refer Annexure-B.

Notarized copy of MSE Registration documents (all the pages of the EM Acknowledgement -Part-II Certificate)

Indemnity Bond (on Rs. 100 Stamps Paper) stating that "The Bidder" shall offer and the entire tender quantity from the plant (situated at Plant Address________), which is having Certification.

3. ..............................................

4. Evaluation shall be carried out item wise & individual L1 bidder shall be decided for each item.

5. Bidder may quote for either item no 10 or 20 or both. Vendors have to necessarily quote (must offer) considering for minimum 100% of the required quantity as per tender. Otherwise their bids will not be considered. However, NRL may decide to distribute the tendered quantity amongst L1 and L2 bidders in the ratio of 70:30 provided L2 bidder matches the price of L1 bidder (landed price).

..................................................."?

From the Commercial Terms and Conditions of the Tender, following relevant clauses are reproduced:-

"16. Tenders from Micro and Small Enterprises (MSEs):-

This tender is guided by the Public Procurement Policy for Micro and Small Enterprises (MSEs) notified by the Government under the Micro, Small and Medium Enterprises Development Act, 2006 which came into effect from 1st April, 2012. The Ministry of MSME published an order known as Public Procurement Policy for Micro and Small Enterprises (MSEs) Order 2012 under which Micro and Small Enterprises (MSEs) shall be entitled for benefits, subject to terms and conditions as per Annexure-B."?

The Annexure-B referred hereinabove mentions the qualifying criteria for Micro and Small Enterprises (MSEs) bidders and benefit under the Public Procurement Policy 2012. Amongst the benefits clause B (3) speaks about the price preference for MSEs bidders which is reproduced hereinbelow:-

"3. Price preference for MSEs Bidder:

For Procurement Tender

(ii) In tender, participating Micro and Small Enterprises quoting price within price band of L1+15% percent shall also be allowed to supply a portion of requirement by bringing down the price to L1 price in a situation where L1 bidder is from someone other than a Micro and Small Enterprises and such Micro and Small Enterprise shall be allowed to supply up to 20 percent of total tendered value.

(iii) In case of tender item is non-splittable or non-dividable etc. MSE quoting price within price band L1+15% may be awarded the full/complete supply of total tendered value to MSE, considering the spirit of policy for enhancing the Government procurement from MSE, provided the