M.Y.EQBAL, J. - (1.) THIS matter has been placed before us on reference made by the learned Single Judge in terms of order dated 8.2.2007 for deciding the following issues: (i) Whether in terms of Clause 32.1.1 of the Jharkhand Industrial Policy, 2001, the Small Scale Industrial Units located within the State should be given preference in the purchases by the State Government Departments and its agencies under its control to the extent of 75% of the total orders placed in respect of any tendered item? (ii) Whether the Purchase Committee of the govt. department(s) can deviate from the said Industrial Policy of the Government in making recommendation(s) for purchases covered by the said Policy? (iii) Any other issue(s) as may be deemed proper in the circumstance of the case.
(2.) THE writ petitioners have challenged the decision of the Purchase Committee of the Drinking Water and Sanitary Department, Government of Jharkhand dated 11.10.2006 whereby the Committee recommended that if the local industrial units (tenderers) agree to supply at the rate quoted in outsiders' tenders, then they may be allowed to supply 33% of the total purchase made by the Government Department. The petitioners further seek a direction to give them preference being the Small Scale Industrial Units located in the State of Jharkhand in respect of purchase made by the Government Departments and its agencies to the extent of minimum of 75% of the total requirement in terms of Jharkhand Industrial Policy, 2001.
(3.) MR . Y.V. Giri, learned Senior Counsel appearing for the petitioners, assailed the impugned decision of the Committee as being illegal and in the teeth of the judgment passed by this Court in W.P. (C) No. 4076 of 2004. Learned Counsel submitted that in the aforementioned judgment, the Jharkhand Industrial Policy, 2001, particularly Clause 32 of the Policy has been considered and it was held that the respondent -State is under obligation to ensure that 75% of the total orders placed with respect to any item under the total tender notice shall be allotted to manufacturing industrial units located within the State of Jharkhand.;