PRABHUDASBHAI BHIKHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Arbitrary ? Is it arbitrary (on the part of State Govern- ment) to refuse to award a rupees 37 crore contract in respect of a work (Rock Fill Dams in the Head Reach of Narmada Project Main Canal) which will have tremendous impact on the life and well-being of the people of the entire State nay of the entire Nation to the lowest bidder the appellant ? And has it acted arbitrarily in violation of Article 14 of the Constitution of India in awarding it in preference to the appellant to the respondent No. 6 Company which indubitably has (1) a vast experience of executing large contracts not only in India but in Iraq (2) vast organization and (3) vast resources as compared to the appellant ? These are the questions raised by the appellant; whose petition under Art. 226 of the Constitution of India praying that (1) the contract granted to the respondent No. 6 Company be set aside and (2) it be granted to the appellant has been rejected summarily. And in order to answer these questions following further questions will have to be posed.

(2.) We see no substance in the appeal. It fails and is dismissed summarily.

(3.) The learned counsel for the appellant applies for a certificate of fitness to appeal to the Supreme Court of India. In our opinion the matter does not involve any substantial question of law of public importance which needs to be decided by the Supreme Court of India The request for certificate is therefore refused.