JUDGMENT :

UJJAL BHUYAN, J.

1. This order will dispose of both WP(C) Nos. 8167 and 8168 of 2018.

2. Heard Mr. N.J. Gogoi, learned counsel for the petitioner in both the cases and Mr. R. Dhar, learned Government Advocate, Assam, for the respondents.

3. Challenge made in both the writ petitions is to the e-tender notices dated 3.11.2018 for supply of power tillers.

4. While in WP(C) No. 8167, the e-tender pertains to supply of power tillers to Scheduled Tribes (ST) and Other Backward Classes (OBC) beneficiaries in different districts of Assam vide the e-tender notice dated 03.11.2018 issued by the Director of Welfare of Plain Tribes and Backward Classes, Assam; in WP(C) No. 8168 of 2018, the challenge is to the e-tender notice dated 03.11.2018 issued by the Director of Welfare of Scheduled Castes, Assam, for supply of power tillers to the beneficiaries belonging to the Scheduled Castes (SC) in different district of Assam.

5. When the writ petitions were moved on 28.11.2018, learned counsel for the petitioner contended that the prime grievance of the petitioner is that the number of power tillers to be supplied has not been mentioned in the two e-tender notices dated 03.11.2018. On such submission made, Mr. Dhar, learned Government Advocate was directed to obtain instructions regarding the number of power tillers required to be supplied by the successful bidder.

6. Thereafter, State filed affidavit.

7. After hearing the matter at some length, an order was passed on 07.12.2018, giving liberty to the petitioner to submit his tender in response to the e-tender notices dated 03.11.2018 with the observation that such submission of tender would be without prejudice to the rights and contentions advanced by the petitioner in the two writ petitions.

8. On 17.12.2018, Mr. Gogoi, learned counsel for the petitioner submitted that pursuant to leave granted by the Court, his client had submitted tender. He also submitted that technical bids were expected to be opened shortly. On such submissions, this Court passed an interim order to the effect that while the respondents may open the technical bids, price bids may not be opened thereafter.

9. Petitioner has filed reply affidavit to the affidavit filed on behalf of the respondents.

10. Respondent No. 3 in his counter affidavit stated that in the pre-bid meeting held on 21.11.2018, the representative of the petitioner, who was present, did not raise any objection regarding the number of power tillers to be procured. It is further stated that in view of the clarifications sought for by the prospective bidders, the last date for filing e-tender was extended to 10.12.2018. It is stated that objections raised by the petitioner were more or less addressed, except the "Make in India" clause. It is stated that it is an endeavour of the Government in increase manufacture and exports to achieve the primary goal of making India a global manufacturing hub by encouraging multinationals as well as domestic companies to manufacture their products in India. In this context, reference has been made to letter dated 6.7.2018 of the Ministry of Agriculture and Farmers Welfare, Department of Agriculture, Cooperation and Farmers Welfare (Mechanization and Technology Division), Government of India, which clearly spells out the distinction and differences between imported power tillers and indigenous power tillers. The letter also highlighted the problems faced by farmers due to technical deficiencies of imported power tillers. Therefore, emphasis has been made to ensure that India-made power tillers are only procured. The tenders were floated for two financial years. The number of power tillers to be procured would be estimated after the tender process is over. The scheme has been undertaken with the objective of development of people belonging to the backward communities, such as, Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC).

11. Petitioner has filed reply affidavit to the affidavit of responde