1. Petitioner claims to be an Industrial Unit engaged in manufacturing process of Ayurvedic medicines, situate at Bari Barhamna, Jammu. Petitioner says also that it is a SSI unit registered with DIC Jammu and is registered also as 'SSI/MSME (Small Scale Industry/Micro, Small and Medium Enterprises)'.

2. Respondent No. 2 vide e-tender No. U-16/13/6/Ayur.-7/2015-16-ISM dated 16.02.2016 invited online tenders along with complete set of hard copy of tender documents for DG ESIC Rate Contract No. Ay.-7 for supply of Ayurvedic Drugs (herein after to be referred as the 'impugned tender notice'). The terms and conditions for running the rate contract by virtue of its column VII at page 4 read with clause 3.i.b at page 19 provides that the pharmaceutical firms (General and MSEs) quoting for items other than those reserved for MSEs should have a minimum annual turnover of five crore rupees for Ayurvedic formulations in each of the last three preceding financial years i.e. 2012-2013, 2013-14 & 2014-15 to be eligible for participation in ESI Rate Contract (hereinafter to be referred as the 'turnover condition').

3. In OWP No. 401/2016 petitioner challenges and seeks writ of Certiorari