Durolac (MSME unit) v. State of Kerala & Others (WP(C) Nos. 606, 4353, 4363, 4420, 4692, 4701 & 7531 of 2021)

**WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 12[TH] DAY OF OCTOBER 2021 / 20TH ASWINA, 1943** **WP(C) NO. 606 OF 2021** ## **PETITIONER/S:** K.P.ANILDEV AGED 47 YEARS PARTNER, DUROLAC, BUILDING NO. VI/161, A DEVELOPMENT, ANGAMAY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683 573 BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL) ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695 001 2 THE SUPERINTENDING ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, BUILDING DIVISION, NORTH CIRCLE, KOZHIKODE, PIN-673 001 3 THE SUPERINTENDING ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, BUILDING DIVISION, NORTH CIRCLE, KOZHIKODE, PIN-673 001 4 THE NATIONAL SMALL INDUSTRIES CORPORATION LTD. (NSIC), REPRESENTED BY ITS SENIOR BRANCH MANAGER, S.67, GCDA COMPLEX, MARINE DRIVE, ERNAKULAM-682 031 BY ADV SRI.MILLU DANDAPANI ## **OTHER PRESENT:** SRI.K.V.MANOJ KUMAR, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, ALONG WITH WP(C).4353/2021, 4420/2021 AND CONNECTED CASES, THE COURT ON 12.10.2021 DELIVERED THE FOLLOWING: **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 12[TH] DAY OF OCTOBER 2021 / 20TH ASWINA, 1943** **WP(C) NO. 4353 OF 2021** ## **PETITIONER/S:** DUROLAC BUILDING NO. VI/161 A, DEVELOPMENT, ANGAMALY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN 683573, REPRESENTED BY ITS MANAGING PARTNER K.P ANILDEV BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL) ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM 695 001 2 THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, BUIDLINGS DIVISION, THIRUVANANTHAPURAM 695 033 3 THE NATIONAL SMALL INDUSTRIES CORPORATIONLTD (NSIC) REPRESENTED BY ITS SENIOR BRANCH MANAGER, S.67, GCDA COMPLEX, MARINE DRIVE, ERNAKULAM 682 031 4 JAYARAM V.R, KRISHNAKRIPA, VADAKKEPPURATH, POTTASSERY POST, PALAKKAD DISTRICT, PIN 678 598 BY ADVS. SRI.K.V.MANOJ KUMAR, SR.GP SRI.MILLU DANDAPANI SRI.K.I.MAYANKUTTY MATHER SMT.UTHARA ASOKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, ALONG WITH WP(C).606/2021 AND CONNECTED CASES, THE COURT ON 12.10.2021 DELIVERED THE FOLLOWING: **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 12[TH] DAY OF OCTOBER 2021 / 20TH ASWINA, 1943** **WP(C) NO. 4420 OF 2021** ## **PETITIONER/S:** DUROLAC BUILDING NO. VI/161, A. DEVELOPMENT, ANGAMALY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683 573, REPRESENTED BY ITS MANAGING PARTNER, K.P. ANILDEV. BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL) ## **RESPONDENT/S:** - 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695 001 - 2 THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, BUILDINGS DIVISION, THIRUVANANTHAPURAM-695 033. - 3 THE NATIONAL SMALL INDUSTRIES CORPORATION LTD., (NSIC), REPRESENTED BY ITS SENIOR BRANCH, MANAGER, S.67, GCDA COMPLEX, MARINE DRIVE, ERNAKULAM-682 031. - 4 VIJAYAN R, BHAGYASREE VILLA, KALLELIBHAGOM POST, KARUNAGAPPALLY, KOLLAM-690 519 BY ADVS. SRI.K.V.MANOJ KUMAR, SR.GP SRI.MILLU DANDAPANI C.IJLAL UMMUL FIDA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 5.10.2021, ALONG WITH WP(C).606/2021 AND CONNECTED CASES, THE COURT ON 12.10.2021 DELIVERED THE FOLLOWING: **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **4** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 12[TH] DAY OF OCTOBER 2021 / 20TH ASWINA, 1943** **WP(C) NO. 4363 OF 2021** ## **PETITIONER/S:** DUROLAC BUILDING NO.VI/161, A DEVELOPMENT, ANGAMALY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683573, REPRESENTED BY ITS MANAGING PARTNER K P ANILDEV. BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL) ## **RESPONDENT/S:** - 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695001. - 2 THE EXECUTIVE ENGINEER KERALA PUBLIC WORKS DEPARTMENT, BUILDINGS DIVISION, THIRUVANANTHAPURAM-695033. - 3 THE NATIONAL SMALL INDUSTRIES CORPORATION LTD, (NISC), REPRESENTED BY ITS SENIOR BRANCH MANAGER, S.67, GCDA COMPLEX, MARINE DRIVE, ERNAKULAM-682031. - 4 BALAKRISHNAN NAIR MADATHUVILA VEEDU, POWDIKONAM POST, THIRUVANTHAPURAM-695017. BY ADVS. SRI.K.V.MANOJ KUMAR, SR.GP SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 5.10.2021, ALONG WITH WP(C).606/2021 AND CONNECTED CASES, THE COURT ON 12.10.2021 DELIVERED THE FOLLOWING: **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **5** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 12[TH] DAY OF OCTOBER 2021 / 20TH ASWINA, 1943** **WP(C) NO. 4701 OF 2021** ## **PETITIONER/S:** DUROLAC BUILDING NO. VI/161, A, DEVELOPMENT, ANGAMALY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683573, REPRESENTED BY ITS MANAGING PARTNER K.P. ANILDEV. BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL) ## **RESPONDENT/S:** - 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM - 695001. - 2 THE ASSISTANT EXECUTIVE ENGINEER KERALA PUBLIC WORKS DEPARTMENT, SPECIAL BUILDINGS SUB DIVISION, AYURVEDA COLLEGE CAMPUS, THIRUVANANTHAPURAM - 695007. - 3 THE NATIONAL SMALL INDUSTRIS COPORATION LTD(NSIC) REPRESENTED BY ITS SENIOR BRANCH, MANAGER, S. 67, GCDA COMPLEX, MARINE DRIVE, ERNAKULAM - 682031. - 4 S. SAJEEV SAMUDRA, KOZHIVILA ROAD, KULATHOOR POST, THIRUVANANTHAPURAM - 695583. BY ADVS. SR. GOVERNMENT PLEADER,SRI.K.V.MANOJ KUMAR SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 5.10.2021, ALONG WITH WP(C).606/2021 AND CONNECTED CASES, THE COURT ON 12.10.2021 DELIVERED THE FOLLOWING: **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **6** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 12[TH] DAY OF OCTOBER 2021 / 20TH ASWINA, 1943 WP(C) NO. 4692 OF 2021** ## **PETITIONER/S:** DUROLAC BUILDING NO.VI/171, A.DEVELOPMENT, ANGAMALY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 685 573, REPRESENTED BY ITS MANAGING PARTNER K.P.ANILDEV. BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL) ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2 THE EXECUTIVE ENGINEER KERALA PUBLIC WORKS DEPARTMENT, BUILDINGS DIVISION, CIVIL STATION, ALAPPUZHA - 688 001. 3 THE NATIONAL SMALL INDUSTRIES CORPORATION LTD. (NSIC) REPRESENTED BY ITS SENIOR BRANCH MANAGER, S.67, GCDA COMPLEX, MARINE DRIVE, ERNAKULAM - 682 031. 4 JAYARAM V.R. KRISHNAKRIPA, VADAKKEPURATH, POTTASSERY POST, PALAKKAD DISTRICT, PIN- 678 598. BY ADVS. GOVERNMENT PLEADER, SRI.K.V.MANON KUMAR, SR.GP SRI.MILLU DANDAPANI SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA SMT.UTHARA ASOKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 5.10.2021, ALONG WITH WP(C).606/2021 AND CONNECTED CASES, THE COURT ON 12.10.2021 DELIVERED THE FOLLOWING: **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **7** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 12[TH] DAY OF OCTOBER 2021 / 20TH ASWINA, 1943** **WP(C) NO. 7531 OF 2021** ## **PETITIONER/S:** DUROLAC BUILDING NO.VI/161, A.DEVELOPMENT, ANGAMALY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683573, REPRESENTED BY ITS MANAGING DIRECTOR K.P.ANILDEV. BY ADV SEBASTIAN JOSEPH (KURISUMMOOTTIL) ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695001. 2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, (P.W.D.), BUILDINGS DIVISION, EDAPPALLY, ERNAKULAM-682024. 3 THE NATIONAL SMALL INDUSTRIES CORPORATION LTD., (NSIC), REPRESENTED BY ITS SENIOR BRANCH MANAGER, S.67, GCDA COMPLEX, MARINE DRIVE, ERNAKULAM-682031. 4 PRAMOD SIBY, ANDALATT HOUSE, KESARI COLLEGE ROAD, NORTH PARAVUR POST, ERNAKULAM, KOCHI-683513. BY ADVS. SRI.K.V.MANOJ KUMAR, SR.GP, SRI.MILLU DANDAPANI SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA SRI.K.V.MANOJ KUMAR, SR.GP **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 5.10.2021, ALONG WITH WP(C).606/2021 AND CONNECTED CASES, THE COURT ON 12.10.2021 DELIVERED THE FOLLOWING:** **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **8** ## **P.V.KUNHIKRISHNAN, J** **-------------------------------------------W.P.(C.) Nos. 606, 4353, 4363, 4420, 4692, 4701 & 7531 of 2021 -------------------------------------Dated this the 12[th] day of October, 2021** ## **JUDGMENT** These seven writ petitions are connected and therefore I am disposing of all these writ petitions by a common judgment. 2. All the writ petitions except W.P.(C)No.606/2021 are filed by the DUROLAC, represented by its Managing Partner, K.P.Anil Dev. W.P.(C)No.606/2021 is filed by Mr.K.P.Anil Dev who is the Managing partner of DUROLAC. DUROLAC is a duly registered Micro Small and Medium Enterprise unit (for short 'M.S.M.E unit') manufacturing paints and allied products. The unit provides service in connection with the products manufactured by the units including painting and allied works. It is the case of the petitioner that, since DUROLAC is an M.S.M.E unit, the same is eligible for certain incentives while participating in tenders for public procurements. The **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 9** petitioner's unit is relying on Exts.P3 to P5 which are produced in W.P.(C)No.4420/2021. These documents are produced in the other writ petitions also. (Hereafter I will refer to the Exhibits produced in W.P.(c) No.4420/2021) The incentives as per the above orders include exemption from Earnest Money Deposit (EMD), Waiver of the Security deposit, Tender set free of cost, etc. Ext.P10 produced in these writ petitions(except in W P (c) No.606/2021) are different tender notices issued by different authorities of the Kerala Public Works Department. Exhibit P9 is the tender notice produced in W P(c) No.606/2021 which is issued by the Executive Engineer, PWD Building Division, Kozhikode. The petitioners in these writ petitions submitted tender based on the respective tender notices produced in these writ petitions and they claimed the benefit of incentives extended to M.S.M.E unit. The tender submitted by the petitioners is rejected by the authorities concerned mainly for the reason that Ext.P12 Government Order issued by the Finance department clarified that the incentives to M.S.M.E unit extended by the State and the Central Government are not applicable for civil/electrical/infrastructure contracts. **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 10** Aggrieved by the same, these writ petitions are filed. 3. Heard the learned counsel for the petitioners, the learned counsel for the contesting respondents, the learned Government Pleader and the learned counsel appearing for the National Small Industries Corporation. 4. The learned counsel for the petitioners in these cases reiterated his contention raised in these writ petitions. The learned counsel submitted that the Ministry of Micro Small and Medium Enterprises, Government Of India, with the object of implementation of Government Purchase and Price Preference Policy for Micro and Small Enterprises for the purpose of promoting the small scale industries sector, issued a communication to all the Ministries/Departments under the Government of India as evident by Ext.P3. As per Ext.P3, certain benefits are announced by the Government of India which includes the issue of tender sets free of cost, exemption from payment of Earnest Money, Waiver of Security Deposit up to Monetary Limit for which the unit is registered, price preference up to 15% over the quotation of large scale unit, etc. The learned counsel submitted that Ext.P4 is the order **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 11** issued by the Ministry of Micro Small and Medium Enterprise(MSME), Office of the development commissioner dated 23.03.2012 and it is Public Procurement Policy for Micro Small and Medium Enterprises (MSMEs) order 2012. The State Government was pleased to extend the benefit of Ext.P4 public procurement policy to the Micro and Small Enterprises in Kerala registered with National Small Industries Corporation by Ext.P5 Government Order. It is the case of the petitioner that, in the year 2016, the tender for similar nature of work submitted by the petitioner before the Public Works Department was rejected at the threshold for remittance of tender fee and earnest money deposit. This Court interfered with the same as per Exts.P6 and P7 judgments. Exts.P8 and P9 are certain clarifications issued by the Government of Kerala. The learned counsel takes me through the tender notice produced in these writ petitions and submitted that it is not a work contract. According to the learned counsel, Ext.P12 Government Order does not apply to the MSME unit of the petitioner because the petitioner is not doing any work contract in these cases. It is the case of the petitioners that the **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 12** respondents intend to find out an excuse to eliminate the units like the petitioners from participating in the tender proceedings. Therefore, these writ petitions are filed challenging the order rejecting the tender of the petitioner in different works mentioned in these writ petitions relying on GO(P)No.1/2021/Fin dated 03.01.2021 alleging that it is a civil contract. The learned counsel submitted that a perusal of works mentioned in the tender notice mentioned in these writ petitions will show that these are not civil/electrical/ infrastructure contracts and therefore, the petitioners are entitled to the benefit as an M.S.M.E unit. This is the sum and substance of the argument of the petitioners. 5. The learned Government Pleader filed a statement in W.P.(C)No.4692/2021 and an adoption memo is filed in the other writ petitions for adopting the same counter. The learned Government Pleader contends that the benefits of Ext.P4 is not available for civil works to be undertaken by M.S.M.E. It is the case of the learned Government Pleader that it never meant to bring the public works under the purview of the Public Procurement Policy of M.S.M.E mentioned in Ext.P4. **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 13** The learned Government Pleader takes me through the works mentioned in Ext.P10 tender notices produced in these writ petitions and submitted that the work involved is mainly civil works. Hence the learned Government Pleader submitted that, in the light of Ext.P12 Government Order, the petitioners are not entitled to the benefit of Ext.P4 order. 6. The contesting respondents filed a separate counter affidavit in these writ petitions. The counsel for the contesting respondents also produced a compendium of judgments of different High courts and the Apex Court. The counsel submitted that the rejection of the tender submitted by the petitioners for the works mentioned in these writ petitions are justified because those works are civil works and in the light of Ext.P12 Government Order, the M.S.M.E units are not entitled to any benefits for civil contract works. The learned counsel takes me through the judgments produced in the compendium and submitted that the action of the official respondents is perfectly justified. 7. I also heard the learned Standing counsel for the National Small Industries Corporation. The learned counsel **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 14** submitted that the M.S.M.E units are entitled to the benefits as per Ext.P4 order if the works come within the purview of the same. 8. I considered the contentions of the petitioners and the respondents in these writ petitions. The short point to be decided is whether the works notified as per the tender notice in these writ petitions are civil/electrical/infrastructure contracts. If the works are civil/electrical/infrastructure contracts, the petitioners are not entitled to the exemption regarding the earnest money deposit/security deposit/performance guarantee granted to MSME units as per Exts.P4 and P5. It will be better to extract the works notified in the respective tender notice in these writ petitions. The name of the work mentioned in the notice inviting tenders in these writ petitions are extracted hereunder : |**_Sl.No._**|**_W.P.(C.) No._**|**_Work mentioned in the notice inviting tender_**| |---|---|---| |_1_|_W.P.(C) No. 4420/2021 _|_Painting Outside & common areas (From Ground_<br>_floor to Sixthfloor) of the Vikas Bhavan Building._| |_2_|_W.P.(C) No. 606/2021_|_Special Repair work to Model Polytechnic College,_<br>_Vadakara-Painting and other Repair works_| |_3_|_W.P.(C) No. 7531/2021 _|_GMC EKM External painting of Block C&D, E_<br>_building_| |_4_|_W.P.(C) No. 4353/2021 _|_RIO (Regional Institute of Ophthalmology),_<br>_Thiruvananthapuram – Painting and Repair of IP_<br>_Block, OT Block and Administrative Block._| **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **15** |_5_|_W.P.(C) No. 4692/2021 _|_Special Repairs of IHRD College of Engineering,_<br>_Chengannur_| |---|---|---| |_6_|_W.P.(C) No. 4363/2021 _|_Government_<br>_Analytical_<br>_Laboratory,_<br>_Thiruvananthapuram – Painting and allied works at_<br>_Government Analytical Lab, Thiruvananthapuram_| |_7_|_W.P.(C) No. 4701/2021 _|_PWD-Sainik School Kazhakkuttam – Full outside_<br>_painting, inside painting of sleeping area blocks and_<br>_leakproofing of corridors in Patel Block_| 9. A perusal of the above works will show that the work includes civil works. It is true that the Ministry of Micro, Small, Medium Enterprises had implemented a policy for the Government purchases and price preferences for micro and small enterprises. Ext.P3 is a proceeding of the Addl. Development Commissioner, MSME issued to the Secretary, All Ministries/Department of Government of India. The subject is the implementation of Government purchase and price preference policy for Micro and Small Enterprises. The above letter says that under the Government purchase and price preference policy for Micro and Small Enterprises (MSEs), the Government of India in its effort to help MSEs in making their products, provides following facilities/benefits to MSEs registered with NSICs. i) “Issue of tender sets free of cost; ii) Exemption from payment of Earnest Money. **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **16** iii) Waiver of Security Deposit up to the Monetary Limit for which at the unit is registered. iv) Price preference up to 15% over the quotation of large-scale units; and v) In addition to the above 358 items are reserved. for exclusive purchase from MSE Sector.” 10. Ext.P4 is the public procurement policy for Micro and Small Enterprises (MSEs) Order, 2012. In the order, it is stated that the Central Government Ministries, Department and Public Sector Undertakings shall procure a minimum of 20% of their annual value of books/services from Micro and Small Enterprises. The other details are also mentioned in the order. In tune with Ext.P4, the Government of Kerala extended the benefit of public procurement policy for Micro and Small Enterprises Order, 2012 of Government of India to the Micro and Small Enterprises in Kerala registered under the National Small Industries Corporation Ltd. In Ext.P5, it is specifically stated that the Government is pleased to issue orders in tune with the public procurement policy of the Government of India. A Reading of Ext.P5 itself will show that the Government intends to market the products of MSME units. It is true that in Exts.P6 and P7 judgments, this Court rejected the stand of the **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 17** respondents that the petitioner is not entitled to the benefits available to MSME units. But, Ext.P6 judgment is dated 30.6.2017. After that, Ext.P8 order of the State Government came into force, in which it is informed the Chief Engineer, PWD that price procurement policy of Government of India shall be made applicable to MSME working within the State and registered with National Small Industries Corporation. Ext.P9 is a letter from the Principal Secretary (Finance) to the petitioner, in which also, it is stated that provision to exempt MSMEs from tender fee and EMD is in the public procurement policy of the Government of India and is adopted by all the States including Kerala. Therefore, it is clear that the benefits available to MSME units are based on the public procurement policy of the Government of India. When there was a doubt arises in this regard, the Government of Kerala issued Ext.P12 clarification dated 03.01.2021, in which it is clearly stated that the exemption regarding the earnest money/security deposit/performance guarantee granted to MSMEs, vide Government order dated 7.11.2013 is not applicable for civil/electrical/infrastructure contracts. It is also stated that **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 18** earnest money deposit/security deposit/performance guarantee plays a vital role in civil works in confirming satisfactory execution of contract over a considerable time period as well as in ensuring quality of work. Therefore, it is clear that the benefits available to MSME units are based on the procurement policy of the Government of India. The benefit is not available to work contracts, which is clarified in Ext.P12. 11. Moreover perusal of the works mentioned in the notice inviting tenders, which is extracted in paragraph 8 above will show that they are mainly civil works and hence, the benefits available to MSME units are not applicable. The counsel for the petitioner submitted that the works mentioned in the tender notice are not work contracts. What is meant by a work contract is considered by the Apex Court in **Kone Elevators India Pvt. Ltd.** v. **State of Tamil Nadu** [2014 (7) SCC 1]. The relevant paragraph of the above judgment is extracted hereunder : > “60. Coming to the stand and stance of the State of Haryana, as put forth by Mr. Mishra, the same suffers from two basic fallacies, first, the supply and installation of lift treating it as a contract for sale on the basis of the overwhelming component test, because there is a stipulation in the contract that the customer is obliged to undertake the work of civil construction and the bulk of the material used in **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **19** construction belongs to the manufacturer, is not correct, as the subsequent discussion would show; and second, the notification dated 17th May, 2010 issued by the Government of Haryana, Excise and Taxation Department, whereby certain rules of the Haryana Value Added Tax Rules, 2003 have been amended and a table has been annexed providing for “Percentages for Works Contract and Job Works” under the heading “Labour, service and other like charges as percentage of total value of the contract” specifying 15% for fabrication and installation of elevators (lifts) and escalators, is self - contradictory, for once it is treated as a composite contract invoking labour and service as a natural corollary, it would be works contract and not a contract for sale. To elaborate, the submission that the element of labour and service can be deducted from the total contract value without treating the composite contract as a works contract is absolutely fallacious. In fact, it is an innovative subterfuge. We are inclined to think so as it would be frustrating the constitutional provision and, accordingly, we unhesitatingly repel the same.” ## 12. Similarly, in **Larsen and Toubro Ltd. v. State of Karnataka** [2014 (1) SCC 708], the Apex Court opined like this : “72. In our opinion, the term 'works contract' in Article 366(29-A)(b) is amply wide and cannot be confined to a particular understanding of the term or to a particular form. The term encompasses a wide range and many varieties of contract. Parliament had such wide meaning of “works contract” in its view at the time of the Forty-sixth Amendment. The object of insertion of clause 29-A in Article 366 was to enlarge the scope of the expression “tax on sale or purchase of goods” and overcome Gannon Dunkerley. Seen thus, even if in a contract, besides the obligations of supply of goods and materials and performance of labour and services, some additional obligations are imposed, such contract does not cease to be works contract. The additional obligations in the contract would not alter the nature of contract so long as the contract provides for a contract for works and **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 20** satisfies the primary description of works contract. Once the characteristics or elements of works contract are satisfied in a contract then irrespective of additional obligations, such contract would be covered by the term 'works contract'. Nothing in Article 366(29-A)(b) limits the term “works contract” to contract for labour and service only. Learned Advocate General for Maharashtra was right in his submission that the term “works contract” cannot be confined to a contract to provide labour and services but is a contract for undertaking or bringing into existence some “works”. We are also in agreement with the submission of Mr. K.N. Bhat that the term “works contract” in Article 366(29-A)(b) takes within its fold all genre of works contract and is not restricted to one specie of contract to provide for labour and services alone. Parliament had all genre of works contract in view when clause 29-A was inserted in Article 366.” 13. **Kone Elevators's** case (supra) and **Larsen and Toubro's** case (supra) was considered by the Apex Court in **Commissioner of Central Excise and Customs, Kerala v.** **Larsen & Toubro Ltd.** [2016 (1) SCC 170]. Keeping in mind the above decisions, I considered the works mentioned in the tender notice. According to me, the works mentioned in the tender notices produced in these writ petitions are mainly civil works. If that is the case, according to me, in the light of Ext.P12, Government Order, the petitioner- MSME unit is not entitled to the benefits of Exts.P4 and P5. Consequently, the rejection of the tender of the petitioners in these tender notices **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 21** for non-payment of the earnest money deposit/security deposit/performance guarantee, etc. are perfectly justified especially in the light of Ext.P12, Government Order. 14. Moreover, it is stated in the counter affidavit of the 4[th] respondent in W.P.(C.) No. 4420/2015, that even if the contention of the petitioner is accepted on implemented policy for the Government purchases and price preferences for Micro and Small Enterprises as per Ext.P3, the petitioner will not be declared as L1 by giving the benefit of L1 + 15%. It is stated that the amount quoted by the petitioner is Rs.59,94,927.70/-. Whereas the amount quoted by the respondent is Rs.51,12,810.97. It is the case of the 4[th] respondent that even if the benefit of L1 + 15% is given to the petitioner, it would be Rs. 51,12,810.97 + 15% of Rs.51,12,810.97, which would amount to Rs.58,79,732.61. It is submitted that while considering the amount quoted by the petitioner, he is not eligible to be declared as L1 and to award the work. Similar contentions are raised in the other writ petitions also. But in the light of my decisions in the earlier paragraphs, this point need not be considered. **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 22** 15. In addition to all these, this Court cannot sit as a Court of appeal in these tender dispute cases. This Court does not have the expertise to correct the administrative decision. If a review of the administrative decision is permitted, it will be substituting its own decision without necessary expertise which itself may be fallible. The Government must have freedom in contract matters. The Apex Court held that courts should not easily interfere in commercial activities in which public sector undertakings or Government agencies are involved. The Apex Court also held that the purpose of judicial review of administrative action is intended to check whether a choice or decision is made lawfully and not to check whether the choice or decision is sound. **(See judgment in Municipal Corporation, Ujjain and Another v. BVG India limited and Others [2018 (5) SCC 462] Silppi Constructions Contractors v. Union of India and Another [2019 KHC 6912], Jagdish Mandal v. State of Orissa and others [2007 KHC 7883]).** 16. In the light of the above dictum and also in the light of the discussions in this judgment, I think there is nothing to **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 23** interfere with the action of the official respondents. Therefore, these writ petitions fail and they are accordingly dismissed. Sd/- ## **P.V.KUNHIKRISHNAN, JUDGE** DM SKS JV **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 24** ## **APPENDIX OF WP(C) 606/2021** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE CERTIFICATE ISSUED BY THE| ||NSIC-REF NO. NSIC/GP/COC/2015/42124 DATED| ||24.06.2020.| |EXHIBIT P2|TRUE COPY OF THE UDYAM REGISTRATION NUMBER| ||UDYAM KL 02-0001988.| |EXHIBIT P3|TRUE COPY OF THE COMMUNICATION BY LETTER| ||NO. F. NO. 25(2)2011-MA DATED 14.10.2011| |EXHIBIT P4|TRUE COPY OF PUBLIC PROCUREMENT POLICY FOR| ||MICRO AND SMALL ENTERPRISES ORDER, 2012| ||DATED 23.3.2012 CONFERRED BY SECTION 11 OF| ||THE MICRO SMALL AND MEDIUM ENTERPRISES| ||DEVELOPMENT(MSME) ACT, 2006.| |EXHIBIT P5|TRUE COPY OF THE G.O(P) NO. 546/2013/FIN.| ||DATED 07.11.2013.| |EXHIBIT P6|TRUE COPY OF JUDGMENT DATED 30.06.2017 IN| ||W.A. NO. 1358/2017 OF THIS HON'BLE COURT.| |EXHIBIT P7|TRUE COPY OF THE JUDGMENT DATED 4.4.2017| ||IN W.P.C NO. 22289/2016 OF THIS HON'BLE| ||COURT.| |EXHIBIT P8|TRUE COPY OF THE CLARIFICATION DATED| ||3.12.2017 ISSUED BY THE PRINCIPAL| ||SECRETARY(FINANCE).| |EXHIBIT P9|TRUE COPY OF THE TENDER NOTICE NO.| ||PWD/2020-21/11511/KKD DATED 29.12.2020.| |EXHIBIT P10|TRUE COPY OF THE OFFICE MEMORANDUM NO. D| ||B3/GENERAL/2020 DATED 4.8.2020 ISSUED BY| ||THE 3RD RESPONDENT.| **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 25** ## **APPENDIX OF WP(C) 4353/2021** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE CERTIFICATE ISSUED BY THE| ||NSIC-REF NO. NSIC/GP/COC/2015/42124 DATED| ||24-06-2020| |EXHIBIT P2|TRUE COPY OF THE UDYAM REGISTRATION NUMBER| ||UDYAM-KL-02-0001988| |EXHIBIT P3|TRUE COPY OF THE COMMUNCIATION BY LETTER| ||NO. F.NO. 25(2)2011-MA DT 14-10-2011| |EXHIBIT P4|TRUE COPY OF PUBLIC PROCUREMENT POLICY FOR| ||MICRO AND SMALL ENTERPRISES ORDER , 2012| ||DATED 23-3-2012 CONFERRED BY SECTION 11 OF| ||THE MICRO SMALL AND MEDIUM ENTERPRISES| ||DEVELOPMENT (MSME) ACT, 2006| |EXHIBIT P5|TRUE COPY OF THE G.O(P) NO. 546/2013/FIN| ||DATED 07-01-2013| |EXHIBIT P6|TRUE COPY OF JUDGMENT DATED 30-06-2017 IN| ||W.A NO. 1358/2017 OF THIS HON'BLE COURT.| |EXHIBIT P7|TRUE COPY OF THE JUDGMENT DATED 4-4-2017| ||IN W.P(C) 22289/2016 OF THIS HONOURABLE| ||COURT.| |EXHIBIT P8|TRUE COPY OF THE CLARIFICATIOND ATED 3-12-| ||2017 ISSUED BY THE PRINCIPAL SECRETARY| ||(FINANCE)| |EXHIBIT P9|TRUE COPY OF THE ORDER NO. PU| ||A2/109/2017/FIN DATED 9-08-2018 ISSUED IN| ||FAVOUR OF THE PETITIONER.| |EXHIBIT P10|TRUE COPY OF THE TENDER NOTICE NO.| ||PWD/2020-2021/11698/TVM DATED 6-1-2021| |EXHIBIT P11|TRUE COPY OF THE TENDER SUMMARY REPORT| ||DATED 12-2-2021| |EXHIBIT P12|TRUE COPY OF THE G.O(P) NO. 1/2021/FIN| ||DATED TVPM DATED 3-1-2021| |RESPONDENT EXHIBITS|| |Exhibit R4(A)|TRUE COPY OF THE JUDGMENT IN WPC NO.| ||7201/2015 OF THE HON'BLE HIGH COURT, NEW| ||DELHI| |Exhibit R4(b)|TRUE COPY OF THE BID DOCUMENT FOR THE| ||SUBJECT WORK "RIO (REGIONAL INSTITUTE OF| ||OPHTHALMOLOGY )THIRUVANANTHAPURAM PAINTING| ||AND REPAIR OF IP BLOCK, OT BLOCK AND| ||ADMINISTRATIVE BLOCK"| **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 26** ## **APPENDIX OF WP(C) 4420/2021** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P2|TRUE COPY OF THE UDYAM REGISTRATION NUMBER| ||UDYAM-KL-02-0001988| |EXHIBIT P3|TRUE COPY OF THE COMMUNICATION BY LETTER| ||NO. F. NO. 25(2) 2011-MA DT. 14.10.2011.| |EXHIBIT P4|TRUE COPY OF THE PUBLIC PROCUREMENT POLICY| ||FOR MICRO AND SMALL ENTERPRISES ORDER,| ||2012 DATED 23.2.2012 CONFERRED BY SECTION| ||11 OF THE MICRO SMALL AND MEDIUM| ||ENTERPRISES DEVELOPMENT (MSME) ACT, 2006.| |EXHIBIT P5|TRUE COPY OF THE G.O(P) NO. 546/2013/FIN.| ||DATED 07.11.2013.| |EXHIBIT P6|TRUE COPY OF JUDGMENT DATED 30.06.2017 IN| ||W.A. NO. 1358/2017 OF THIS HON'BLE COURT.| |EXHIBIT P7|TRUE COPY OF THE JUDGMENT DATED 4.4.2017| ||IN W.P.C NO. 22289/2016 OF THIS HON'BLE| ||COURT.| |EXHIBIT P8|TRUE COPY OF THE CLARIFICATION DATED| ||3.12.2017 ISSUED BY THE PRINCIPAL| ||SECRETARY (FINANCE).| |EXHIBIT P9|TRUE COPY OF THE ORDER NO. PU-| ||A2/109/2017/FIN. DATED 9.8.2018 ISSUED IN| ||FAVOUR OF THE PETITIONER.| |EXHIBIT P10|TRUE COPY OF THE TENDER NOTICE NO.| ||PWD/2020-2021/12368/TVM DATED 1.2.2021.| |EXHIBIT P11|TRUE COPY OF THE TENDER SUMMARY REPORT| ||DATED 12.2.2021.| |EXHIBIT P12|TRUE COPY OF THE G.O(P) NO. 1/2021/FIN.| ||DATED TVPM. 3.1.2021.| |RESPONDENT EXHIBITS|| |Exhibit R4(a)|A TRUE COPY OF THE CONTRACTOR'S| ||REGISTRATION CARD ISSUED TO THE PETITIONER| ||DATED . 31.3.2020| |Exhibit R4(b)|A TRUE COPY OF THE CERTIFICATE ISSUED BY| ||THE NSIC ISSUED TO THE PETITIONER DATED .| ||6.2.19| |Exhibit R4(c)|A TRUE COPY OF THE UDYAM REGISTRATION| ||CERTIFICATE ISSUED TO THE PETITIONER DATE| ||27/9/20| |Exhibit R4(d)|A TRUE COPY OF THE SELECTION NOTICE ISSUED| ||BY THE SECOND RESPONDENT DATED 12.2.2021| **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 27** Exhibit R4(e) A TRUE COPY OF THE PRICE SCHEDULE QUOTED BY THE RESPONDENT Exhibit R4(f) A TRUE COPY OF THE PRICE SCHEDULE QUOTED BY THE PETITIONER. ANNEXURE R2(A) TRUE COPY OF THE RELEVANT PAGE OF BID DOCUMENT **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 28** ## **APPENDIX OF WP(C) 4363/2021** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE CERTIFICATE ISSUED BY THE| ||NSIC -REF NO.NSIC/GP/COC/2015/42124 DATED| ||24.06.2020.| |EXHIBIT P2|TRUE COPY OF THE UDYAM REGISTRATION NUMBER| ||UDYAM-KL-02-00001988.| |EXHIBIT P3|TRUE COPY OF THE COMMUNICATION BY LETTER| ||NO.F.NO. 25(2)2011-MA DATED 14.10.2011.| |EXHIBIT P4|TRUE COPY OF THE PUBLIC PROCUREMENT POLICE| ||FOR MICRO AND SMALL ENTERPRISES ORDERS,| ||2012 DATED 23/3/2012 CONFERRED BY SECTION| ||11 OF THE MICRO SMALL AND MEDIUM| ||ENTERPRISES DEVELOPMENT (MSME) ACT, 2006.| |EXHIBIT P5|TRUE COPY OF THE GO(P) NO. 546/2013/FIN| ||DATED 07/11/2013.| |EXHIBIT P6|TRUE COPY OF THE JUDGMENT DATED 30.06.2017| ||IN WA NO. 1358/2017 OF THIS HON'BLE COURT.| |EXHIBIT P7|TRUE COPY OF THE JUDGMENT DATED 4/4/2017| ||IN WPC NO.22289/2016 OF THIS HONOURABLE| ||COURT.| |EXHIBIT P8|TRUE COPY OF THE CLARIFICATION DATED| ||3/12/2017 ISSUED BY THE PRINCIPAL| ||SECRETARY (FINANCE).| |EXHIBIT P9|TRUE COPY OF THE ORDER NO PU-| ||A2/109/2017/FIN DATED 9/8/2018 ISSUED IN| ||FAVOUR OF THE PETITIONER.| |EXHIBIT P10|TRUE COPY OF THE TENDER NOTICE| ||NO.PWD/2020-2021/12367/TVM DATED 1/2/2021.| |EXHIBIT P11|TRUE COPY OF THE TENDER SUMMARY REPORT| ||DATED 12.2.2021.| |EXHIBIT P12|TRUE COPY OF THE GO(p) NO. 1/2021.FIN| ||DATED TVPM. DATED 3/1/2021.| **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 29** ## **APPENDIX OF WP(C) 4701/2021** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE CERTIFICATE ISSUED BY THE| ||NSIC -REF. NO. NSIC/GP/COC/2015/42124| ||DATED 24.06.2020.| |EXHIBIT P2|TRUE COPY OF THE UDYAM REGISTRATION NUMBER| ||UDAYM-KL-02-0001988.| |EXHIBIT P3|TRUE COPY OF THE COMMUNICATION BY LETTER| ||NO.F. NO. 25(2) 2011-MA DT.14/10/2011.| |EXHIBIT P4|TRUE COPY OF THE PUBLIC PROCUREMENT POLICY| ||FOR MICRO AND SMALL ENTERPRISES ORDER,| ||2012 DATED 23.03.2012 CONFERRED BY SECTION| ||11 OF THE MICRO SMALL AND MEDIUM| ||ENTERPRISES DEVELOPMENT (MSME) ACT, 2006.| |EXHIBIT P5|TRUE COPY OF THE GO(P)| ||NO.546/2013/FIN.DATED 07.11.2013.| |EXHIBIT P6|TRUE COPY OF JUDGMENT DATED 30.06.2017 IN| ||WA NO. 1358/2017 OF THIS HON'BLE COURT.| |EXHIBIT P7|TRUE COPY OF THE JUDGMENT DATED 4.4.2017| ||IN WP(C) NO. 22289/2016 OF THIS HONOURABLE| ||COURT.| |EXHIBIT P8|TRUE COPY OF THE CLARIFICATION DATED| ||3.12.2017 ISSUED BY THE PRINCIPAL| ||SECRETARY(FINANCE)| |EXHIBIT P9|TRUE COPY OF THE ORDER NO. PU-| ||A2/109/2017/FIN. DATED 9.8.2018 ISSUED IN| ||FAVOUR OF THE PETITIONER.| |EXHIBIT P10|TRUE COPY OF THE TENDER NOTICE INVITING| ||TENDER NO. PWD/2020-| ||2021/11861/AYRCSDN.VPM, DATED 13.01.2021.| |EXHIBIT P11|TRUE COPY OF THE TENDER SUMMARY REPORTS| ||DATED 15.02.2021.| |EXHIBIT P12|TRUE COPY OF THE BOQ SUMMARY DETAILS| ||RELATED TO EXT.P10 TENDER.| |EXHIBIT P13|TRUE COPY OF THE COMMUNICATION DATED| ||15.02.2021 ISSUED BY THE 2ND RESPONDENT.| |EXHIBIT P14|TRUE COPY OF THE GO(P) NO.1/2021/FIN DATED| ||TVPM, DATED 3.1.2021.| |ANNEXURE R2(A)|TRUE COPY OF THE RELEVANT PAGE OF BID| ||DOCUMENT| **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021 30** ## **APPENDIX OF WP(C) 4692/2021** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE CERTIFICATE ISSUED BY THE| ||NSIC -REF NO.NSIC/GP/COC/2015/42124 DATED| ||24/06/2020.| |EXHIBIT P2|TRUE COPY OF THE UDYAM REGISTRATION NUMBER| ||UDYAM-KL-02-0001988.| |EXHIBIT P3|TRUE COPY OF THE COMMUNICATION BY LETTER| ||NO.F.NO.25(2)2011-MA DT. 14/10/2011.| |EXHIBIT P4|TRUE COPY OF PUBLIC PROCUREMENT POLICY FOR| ||MICRO AND SMALL ENTERPRISES ORDER, 2012| ||DATED 23/3/2012 CONFERRED BY SECTION 11 OF| ||THE MICRO SMALL AND MEDIUM ENTERPRISES| ||DEVELOPMENT (MSME) ACT, 2006.| |EXHIBIT P5|TRUE COPY OF THE G.O.(P) NO.546/2013/FIN.| ||DATED 07/11/2013.| |EXHIBIT P6|TRUE COPY OF JUDGMENT DATED 30/6/2017 IN| ||W.A.NO.1358/2017 OF THIS HON'BLE COURT.| |EXHIBIT P7|TRUE COPY OF THE JUDGMENT DATED 4/4/2017| ||IN WP(C) NO.22289/2016 OF THIS HONOURABLE| ||COURT.| |EXHIBIT P8|TRUE COPY OF THE CLARIFICATION DATED| ||3/12/2017 ISSUED BY THE PRINCIPAL| ||SECRETARY (FINANCE).| |EXHIBIT P9|TRUE COPY OF THE ORDER NO.PU-| ||A2/109/2017/FIN. DATED 9/8/2018.| |EXHIBIT P10|TRUE COPY OF THE TENDER NOTICE INVITING| ||TENDER NO.PWD/2020-2021/12175/ALP DATED| ||25/01/2021.| |EXHIBIT P11|TRUE COPY OF THE BID LIST DETAILS DATED| ||15/2/2021.| |EXHIBIT P12|TRUE COPY OF THE TENDER SUMMARY REPORT| ||DATED 17/2/2021.| |EXHIBIT P13|TRUE COPY OF THE G.O.(P) NO.1/2021/FIN| ||DATED TVPM. DATED 3/1/2021.| |RESPONDENT'S EXHIBITS|| |ANNEXURE R2(A)|TRUE COPY OF THE RELEVANT PAGE OF BID| ||DOCUMENT| **WP(C) Nos.606, 4420 4353, 4363, 4692, 4420, 4701 & 7531 OF 2021** **31** ## **APPENDIX OF WP(C) 7531/2021** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE CERTIFICATE ISSUED BY THE| ||NSIC-REF.NO.NSIC/GP/COC/2015/42124 DATED| ||24.06.2020.| |EXHIBIT P2|TRUE COPY OF THE UDYAM REGISTRATION NUMBER| ||UDYAM-KL-02-0001988.| |EXHIBIT P3|TRUE COPY OF THE COMMUNICATION BY LETTER| ||NO.F.NO.25(2)2011-MA DATED 14.10.2011.| |EXHIBIT P4|TRUE COPY OF PUBLIC PROCUREMENT POLICY FOR| ||MICRO AND SMALL ENTERPRISES ORDER, 2012| ||DATED 23.03.2012 CONFERRED BY SECTION 11| ||OF THE MICRO SMALL AND MEDIUM ENTERPRISES| ||DEVELOPMENT (MSME) ACT, 2006.| |EXHIBIT P5|TRUE COPY OF THE G.O.(P)NO.546/2013/FIN.| ||DATED 07.11.2013.| |EXHIBIT P6|TRUE COPY OF JUDGMENT DATED 30.06.2017 IN| ||W.A.NO.1358/2017 OF THE HON'BLE COURT.| |EXHIBIT P7|TRUE COPY OF THE JUDGMENT DATED 04.04.2017| ||IN W.P.(C)NO.22289/2016 OF THIS HONOURABLE| ||COURT.| |EXHIBIT P8|TRUE COPY OF THE CLARIFICATION DATED| ||03.12.2017 ISSUED BY THE PRINCIPAL| ||SECRETARY (FINANCE).| |EXHIBIT P9|TRUE COPY OF THE ORDER NO.PU-| ||A2/109/2017/FIN. DATED 09.08.2018 ISSUED| ||IN FAVOUR OF THE PETITIONER.| |EXHIBIT P10|TRUE COPY OF THE TENDER NOTICE INVITING| ||TENDER NO.PWD/2020-2021/13139/EKM. DATED| ||17.02.2021.| |EXHIBIT P11|TRUE COPY OF THE TENDER SUMMARY REPORTS| ||DATED 08.03.2021.| |EXHIBIT P12|TRUE COPY OF THE TENDER SUMMARY REPORT| ||DATED 17.3.2021 RELATED TO EXT.P10 TENDER.| |EXHIBIT P13|TRUE COPY OF THE G.O.(P)NO.1/2021/FIN.| ||DATED 03.01.2021.|