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(34) Since the aforesaid rights and duties are all comprehended in Article 14 of the Constitution there is no need to fall back upon Article 19(l)(g) as it will not be necessary in case it is established that the action of the first respondent suffers from the vice of arbitrariness or unfairness, especially when the parties were invited by the respondent on the clear understanding that the tenders would be considered on their merits, thus raising a legitimate expectation on this count. Even otherwise it is legitimate to expect that the authority will act fairly.

(35) Recognising the principle of legitimate expectation the Supreme Court in Food Corporation of India Vs. M/s.Kamdhenu Cattle Feed Industries held that State action must satisfy the test of non-arbitrariness. Due observance of this principle as a part of .good administration raises a reasonable or legitimate expectation in every person to be treated fairly in his inter-action with the State and its instrumentalities. In this regard the court observed as follows: " To satisfy this requirement of non-arbitrariness in a State action, it is, therefore, necessary to consider and give due weight to the reasonable or legitimate expectations of the persons likely to be affected by the decision or else that unfairness in the exercise of the power may amount to an abuse or excess of power apart from instances the bona fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but provides for control of its exercise by judicial review. The mere reasonable or legitimate expectation of acitizen, in such a situation may not itself be a distinct enforceable right, but failure to consider and give due weight to it may render the decision arbitrary, and this is how the requirement of due consideration of a legitimate expectation forms part of the principle of non-arbitrariness, a necessary concomitant of the rule of law. Every legitimate expectation is a relevant factor requiring due consideration in a fair decision making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. Whenever the question arises, it is to be determined not according to the claimant's perception but in larger public interest wherein other more important considerations may outweigh what would otherwise have been the legitimate expectation of the claimant. A bona fide decision of the public authority reached in this manner would satisfy the requirement of non- arbitrariness and withstand judicial scrutiny. The doctrine of legitimate expectation gets assimilated in the rule of law and operates in our legal system in this manner and to this extent."

(37) In the present case the Consortium was entitled to legitimately expect that their bid would be fairly considered on its merits. The access to the court will not be denied to them for making a grievance that they were not treated fairly and the merits of their bid were disregarded by the first respondent and it also failed to give due weight and consideration to their reasonable and legitimate expectation, which resulted in arbitrariness. The decision of the respondent to allot the contract to the third respondent is open to 'judicial scrutiny not for testing the merits of the inter-se bids but for being judged and tested in the light of Article 14.