WPMS 1963/2011 Hon’ble Tarun Agarwala, J. Heard Sri Dharmendra Barthwal, the learned counsel for the petitioner and Sri P.C. Bisht, the learned Brief Holder for the State/respondents. The respondent no. 2 issued a tender document on 8th August, 2011 inviting applications for supply of Digital Radiography System Flat Panel. The bid document indicates that the applicant should have a sales turnover of supplying medical equipments which should not be less than rupees five crores per annum for the last three financial years. Clause 11 of the bid also requires the bidder to furnish earnest money/security deposit. According to the petitioner being a small scale unit, it is not possible for them to participate as the finance resources are not available and in this regard, has relied upon a Government Order dated 29th July, 2003 issued by the Government of India to all the State Governments to extend facilities to the small scale units so that they could compete with other industries in a competitive environment. The Government Order dated 29th July, 2003 provided that the State Government should exempt the small scale unit from payment of earnest money and/or waive the security deposit so that the small scale unit could participate. Further, the Government Order talks about that it would not be a mandatory eligibility criteria to furnish the turnover of the small scale unit. In the light of this Government Order, the petitioner has made a representation to the authority concerned praying that in view of the Government Order, the petitioner may be permitted to participate in the tender issued by respondent no. 2. Since the petitioner has made a representation, the Court disposes of the writ petition directing the authority concerned to consider the representation of the petitioner in the light of the Government Order dated 29th July, 2003 within two weeks from the date of presentation of a certified copy of this order preferably before the tender process is finalized. A certified copy of this order shall be made available to the learned counsel for the parties within 24 hours on payment of usual charges. (Tarun Agarwala, J.) 16-09-2011 SP