VIJAY KUMAR AGARWAL Vs. BABULAL BHATIA

JUDGEMENT

(1.) This appeal has been preferred against the order of the learned Single Judge quashing the allotment of canteen to the appellant at the police headquarters on the ground that quotation of the appellant had been earlier found to be invalid by a committee and there was no valid reason for the higher authority to interfere. The case of the private respondent-writ petitioner was that though the bid given by the appellant was higher, the committee constituted to evaluate the bids found the same to be invalid as follows:

(2.) However, the Home Department directed allotment to the appellant, ignoring the reason for rejection of the bid of the appellant, which was arbitrary.

(3.) The appellant contested the writ petition and pointed out that observation of the committee quoted above, were not correct. The bid amount was not over written and the words were legible. The bid was certainly workable and therefore, the Home Department was justified in interfering with the observation of the review committee. Under the circumstances, cancellation of allotment in favour of the appellant was not called under Article 226 of the Constitution of India. Learned Single Judge having accepted the writ petition, this appeal has been preferred.