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Since the issues involved in all these three writ petitions are common, by consent of both sides, all the three writ petitions are disposed of by this common order.

W.P.No.16983 of 2010 has been filed by the petitioner to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent relating to the guidelines for Rooftop and other small power plants connected to distribution network in Ref.No.5/23/2009-P&C dated 16.6.2010 and quash clauses 3.2.1 and 3.2.2 therein which states that the application from project proponents from any State shall be considered only if the concerned SERC has issued the order determining the tariff for rooftop/Small solar generating system for purchase of electricity by the distribution utilities in that State and consequently direct the second respondent to complete the selection process as regards the petitoner without insisting on the said clauses.

W.P.No.19940 of 2010 has been filed by the petitioner to issue a Certiorarified Mandamus to call for the records of the first respondent relating to the guidelines for Rooftop and other small power plants connected to distribution network and quash clauses 3.2.1 and 3.2.2 therein which states that the application from project proponents from any State shall be considered only if the concerned SERC has issued the order determining the tariff for rooftop/Small solar generating system for purchase of electricity by the distribution utilities in that State and consequently direct the second respondent to complete the selection process as regards the petitoner without insisting on the said clauses.

11. According to the petitioners, clauses 3.2.1, 3.2.2 and 3.2.9 of the guidelines and clause-1-b of the Instructions, making determination of tariff for purchase of power by the distribution utility from small solar generating systems as a pre-condition for consideration of the application for registration for the programme, is unreasonable and contrary to the very objective of the National Electricity Policy and the National Solar Mission.

12. In terms of the guidelines the projects, which are selected, should be completed by 31.3.2013. The third respondent has confirmed that it will purchase the entire power generated by the petitioner's proposed plant at a price, to be determined by the fifth respondent. The petitioner, at the time of submitting its application, has confirmed that the expected time of commissioning the project, after signing the power purchase agreement, would be 6 to 9 months. Therefore, even if the fifth respondent were to issue the tariff order after the completion of the process of registration and selection, the petitioner's project would be able to meet the deadline provided in the guidelines.