JUDGMENT :

B.P. Das, J. - This writ petition has been filed by Utkal Pharmaceuticals Manufacturers Association, Petitioner No. 1, which is an association of twenty small scale pharmaceutical industries and registered under the Societies Registration Act, 1860, and its Joint Secretary (Executive), Petitioner No. 2, assailing Clause 2.1 of the Tender Conditions in respect of Tender Call Notice No. SDMU/2009-2010-DMC-11-009 issued by O. P. No. 2-the Director of Health Services, State Drug Management Unit, Orissa, vide letter No. 11128 dated 29.10.2009 under Annexure-9, fixing Rs. 10 crores or more as the annual turnover of the principal manufacturing units/the tendering firms for pharmaceutical products of each year of last three financial years, as being illegal, arbitrary, discriminatory and contrary to the Industrial Policy Resolution, 2007 (IPR, 2007) as well as the Orissa Micro, Small and Medium Enterprise Development Policy, 2009 (shortly called 'the MSME Policy 2009'), which has been declared under the notification dated 17.2.2009 published in the Orissa Gazette on 9.3.2009, vide Annexure-6. The Petitioners have prayed to relax/reduce/modify the minimum annual turnover fixed in