KETAN G JANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this Public Interest Litigation, the writ -petitioner has challenged the tender issued by the respondent No.4 -Trust for the purpose of allotment of a "pay -and -use" shoe -centre agency on the ground that the same is violative of the fundamental rights of the public at large including that of the devotees of the Ambaji Mata Temple.

(2.) THE case made out by the writ -petitioner may be summed up thus:

(3.) AFTER hearing Mr. Shah and after going through the materials on record, we find that the condition imposed in the impugned tender cannot be said to be unreasonable so as to violate the fundamental rights of any of the citizens. Simply because in the past no fee was charged, such fact cannot enable the petitioner to contend that in future also, no reasonable amount can be taken for the purpose of guard of the shoes of the devotees. It appears from the materials placed before us that the respondent -Trust spends huge amount for the purpose of education and on consideration of its financial position if it decides to impose a reasonable amount of Re.1/ - per devotee for the safeguard of their shoes, the same cannot be said to be arbitrary so as to attract the provisions of Article 14 of the Constitution of India.