1.Bharat Heavy Electricals Limited, Rep. by its Chairman, BHEL House, Siri Fort, New Delhi 110 049. 2.The Executive Director Trichy Unit, Bharat Heavy Electricals Limited, Thiruverumbur, Trichirappalli District. ..... Respondents Writ Petition filed under Article 226 of The Constitution of India, praying to issue a writ of Certiorarified mandamus calling for the records relating to the impunged Tender Nofication in 2017OVM009 dated 06.11.2017 floated by the 2nd respondent and to quash the same as devoid of transparency leading to arbitrariness and for a consequential direction to the respondent to issue a fresh tender specifying the estimated fair price and restricting the bid with plut or minus 5% bandwidth in all the tenders wherever MSMEs are participating in the tender. !For Petitioner : Mr.S.Parthasarathy, Senior Counsel for Mr.S.M.S.Johnny Basha For Respondents : Mr.AR.L.Sundaresan, Senior Counsel for Mr.K.Prabhakar for R2 No appearance for R1 despite notice :ORDER This writ petition has been filed by an Association known as "BHEL Small and Medium Scale Industries Association" challenging the tender notification issued by the respondentBharat Heavy Electrical Limited [hereinafter referred to as "the BHEL"] inviting offers from eligible vendors for entering into Annual Rate of Contract for fabrication and supply of boiler components with vendor's material fabrication and other components and also for consequential direction to issue a fresh tender notification specifying the estimated fair price and restricting the bid with (+) or () of 5% bandwidth in all the tenders wherever the members of the petitioner association are participating in the tender. 2. The brief facts which led to the filing of the present writ petition is as follows: The members of the petitioner association are having ancillary units for BHEL in other words, they are carrying out work for BHEL only. They wholly dependent on the BHEL contracts alone and that all their units are being classified as Micro, Small and Medium Entrepreneurs (hereinafter referred to as "MSME units"). There are around 500 units at Trichy and they had supplied nearly 1.00 lakh Tons of finished goods to BHEL and now it has been increased to about 3.00 lakh Tons. These units have been developed for about four decades and that they are supported by BHEL. More than 50000 persons are employed in these units directly and more than 50000 persons have been getting job opportunities indirectly. 3. The BHEL in order to meet its industrial needs floated tender for entering into annual rate of contracts for supply of various products. There are two types of product vendors namely, the vendors who supply products after procuring raw material and the others who process raw materials supplied by the BHEL. The lowest rate quoted in each tender will be fixed as "L1" and that the other competitors will be called upon to make their counter offers to match the prices quoted by L1. The above method is followed without any reference to their quoted rates. The big companies, with large scale production, with their large capacity, would be able to withstand the lowest price and they quote the lowest price, but the small and medium units like the members of the petitioner association would not be able to match the offers made by them. If the members of the petitioner association accept the counter offers, then they would incur heavy loss or if they do not give their counter offers, they would loose the opportunity and would be left with no job, in the above circumstances, the members of the petitioner association who are entrepreneurs of the small and medium scale industries and wholly dependent on BHEL, would not be able to compete with the big companies which would ultimately result in heavy loss to them. 4. It is the furth