A Vs. B

JUDGEMENT

(1.) THE petitioner has filed this petition challenging the order dated 1.8.2012 and 17.8.2012. Pursuant to earlier advertisement, the petitioner submitted his bid and then alleged that he was the highest bidder. However, the Corporation decided to cancel the earlier process and issued fresh advertisement vide Annexure P -4. The petitioner submits that he is the highest bidder and, therefore, the contract should be given to him. He relied on : (1985) 3 SCC 267 (Ram and Shyam Company Vs. State of Haryana and others). Per contra, Shri Khot supported the orders and action of the Corporation.

(2.) THIS is settled in law in view of the judgments of Supreme Court reported in : (1982) 2 SCC 365 (State of Uttar Pradesh and others Vs. Vijay Bahadur Sigh and Others), : (2009) 6 SCC 171 (Meerut Development authority Vs. Association of Management Studies and Another) and : (2008) 16 SCC 405 (Haryana State Agricultural Marketing Board and others Vs. Sadhu Ram) that highest bidder does not have any enforceable legal right to get the contract. For justiciable reason it can be declined and it falls within the jurisdiction of the employer to re -tender or issue fresh process. In the present case, the respondents have cancelled the earlier process on the ground that fresh process may fetch more amount in favour of the Corporation which can be used in public interest. Thus, there exists plausible and justiciable reason for cancelling the earlier process. No enforceable legal right was created in favour of the petitioner and the judgments cited above in Ram and Shyam has no application in the present matter and it is considered in Meerut Development authority (supra). In the considered opinion of this Court, no legal, vested or constitutional right of the petitioner is infringed. Consequently, no interference is warranted. Petition is bereft of merit and substance and is hereby dismissed.