* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 28.11.2025

Judgment delivered on: 23.12.2025

+ W.P.(C) 4748/2025, CM APPLs 21775-21777/2025, CM APPL

47301/2025 & CM APPL 53787/2025

+ W.P.(C) 4750/2025, CM APPLs 21780-21782/2025, CM APPL

39747/2025 & CM APPL 53877/2025

+ W.P.(C) 4755/2025, CM APPLs 21888-21890/2025 & CM APPL

53870/2025

MKU LIMITED AND ANR .....Petitioners

versus

UNION OF INDIA AND OTHERS .....Respondents

Advocates who appeared in this case:

For the Petitioners : Ms. Madhavi Divan, Senior Advocate and Mr. Manish

Vashisht, Senior Advocate with Mr. Anirudh Sharma, Mr. Rajiv Dalal, Mr. Sanjeev Kr Sharma, Mr. Varun Kesharwani, Ms. Dipti Singh Arya and Mr. Sudhir

Atri, Advocates.

For the Respondents : Mr. R. Venkatramani, Attorney General with Mr.

Vikram Jetly, CGSC, Ms. Shreya Jetly, Mr. Aakash Pathak (GP), Mr. Chitvan Singhal, Mr. Abhishek Pandey, Advocates for UOI alongwith Brig Sidharth Sen, SM, Lt Col Gaurav Chaudhary and Major Anish

Muralidhar.

Mr. Kailash Vasdev, Senior Advocate, Mr. Rajiv Nayar, Senior Advocate and Mr. Kirti Uppal, Senior Advocate with Mr. Sanjay K Shandilya, Mr. Apoorva Agrawal, Ms. Molly Agarwal and Mr. Adit Srivastava, Advocates for R-5.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

J U D G M E N T

TUSHAR RAO GEDELA, J.

1. Writ petitions bearing W.P.(C) No.4748/2025 and W.P.(C) No.4750/2025, have been filed under Article 226 of the Constitution of India, 1950, seeking quashing of the communication letter dated 26.03.2025 and 28.03.2025 issued by the respondent no.2/Director General of Infantry in the Subject Tender bearing no.C/31045/UC(CI/CT)/BH/Inf-8(FINSAS), and C/31044/UC(CI/CT)/ BPJ/Inf- 8(FINSAS) issued on 04.02.2025 for procurement of Quantity 11,700 Ballistic Helmets (NIJ III+), and 27,700 Bullet Proof Jacket (BPJ) (NIJ III and above)

respectively.

2. In W.P.(C) 4755/2025, petitioner seeks quashing of the communication letter dated 28.03.2025 issued by the respondent no.2 in the Subject Tender bearing no.C/31074/UCP)/NS(TI)/Inf-8(FINSAS) issued on 06.02.2025 for procurement of Quantity 3213 Night Sight (Thermal Imaging) for Assault Rifle (AK-203).

3. In all the writ petitions, petitioner further seeks a direction to the respondent nos.1 and 2 to consider the bid of the petitioner as compliant on technical parameters, and allow the petitioner to participate in the tender process.

4. Since the parties in all the writ petitions, and the issues involved are similar, all the writ petitions are being disposed of by a common judgment.

FACTS IN W.P.(C ) 4748/2025:

5. A Request for Proposal (hereafter referred to as “RFP”) dated 04.02.2025 bearing no. C/31045/UC(CI/CT)/BH/Inf-8(FINSAS) was floated for procurement of Quantity 11,700 Ballistic Helmets (NIJ III+). In the instant case, the petitioner claimed to be a 100% Export Oriented Unit (hereafter referred to as “EOU”), and the licensing authority for EOUs is vested with the respondent no.4/Department of Commerce, Ministry of Commerce and Industry (hereafter referred to as “DoC”).

6. It was further stated that prior to the year 2013, the authority for issuance of Industrial Licences to EOUs as well as Domestic Tariff Area supply units (hereafter referred to as “DTA”) was vested with the respondent no.3, i.e., the Department of Promotion of Industry & Internal Trade, Ministry of Commerce and Industry (hereafter referred to as “DPIIT”), earlier known as the Department of Industrial Policy & Promotion, Ministry of Commerce and Industry (hereafter referred to as “DIPP”). However, pursuant to the decision taken in the Committee Meeting dated 13.03.2013 constituted by the Central Government under the Industries (Development and Regulations) Act, 1951 (hereafter referred as to “the Act”) and the Registration and Licensing of Industrial Undertakings Rules, 1952 (hereafter referred to as “RLIU Rules, 1952”), the power to grant Industrial Licences to EOUs was transferred to the DoC.

7. One of the specific eligibility requirements for p