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1 - 10 of 66 (0.41 seconds)Section 40 in Punjab Regional and Town Planning and Development Act, 1995 [Entire Act]
Section 55 in Punjab Regional and Town Planning and Development Act, 1995 [Entire Act]
Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979
"10. Now the re can be no doubt that what para (1)
of the notice prescribed was a condition of eligibility which
was required to be satisfied by every person submitting a
tender. The condition of eligibility was that the person
submitting a tender must be conducting or running a
registered IInd Class hotel or restaurant and he must have
at least 5 years' experience as such and if he did not satisfy
this condition of eligibility, his tender would not be eligible
for consideration. This was the standard or norm of
eligibility laid down by the Ist respondent and since the 4th
respondents did not satisfy this standard or norm, it was
not competent to the Ist respondent to entertain the tender
of the 4th respondents. It is a well settled rule of
administrative law that an executive authority must be
rigorously held to the standards by which it professes its
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actions to be judged and it must scrupulously observe
those standards on pain of invalidation of an act in
violation of them.
Punjab Regional and Town Planning and Development Act, 1995
Erusian Equipment & Chemicals Ltd vs State Of West Bengal & Anr on 11 November, 1974
This principle was recognised and
applied by a Bench of this Court presided over by Ray, C.
J., in Erusian Equipment and Chemicals Ltd. v. State of
West Bengal (supra) where the learned Chief Justice
pointed out that 'the State can carry on executive function
by making a law or without making a law.The exercise of
such powers and functions in trade by the State is subject
to Part III of the Constitution. Article 14 speaks of equality
before the law and equal protection of the laws. Equality of
opportunity should apply to matters of public contracts.
The State has the right to trade. The State has there the
duty to observe equality. An ordinary individual can
choose not to deal with any person. The Government
cannot choose to exclude persons by discrimination. The
order of blacklisting has the effect of depriving a person of
equality of opportunity in the matter of public contract. A
person who is on the approved list is unable to enter into
advantageious relations with the Government because of
the order of black-listing -A citizen has a right to claim
equal treatment to enter into a contract which may be
proper, necessary and essential to his lawful calling - It is
true that neither the petitioner nor the respondent has any
right to enter into a contract but they are entitled to equal
treatment with others who offer tender or quotations for
the purchase of the goods.' It must, therefore follow as a
necessary corollary from the principle of equality
enshrined in Article 14 that though the State is entitled to
refuse to enter into relationship with any one, yet if it does
so, it cannot arbitrarily choose any person it likes for
entering into such relationship and discriminate between
persons similarly circumstanced, but it must act in
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conformity with some standard or principle which meets
the test of reasonableness and non-discrimination and any
departure from such standard or principle would be invalid
unless it can be supported or justified on some rational
and non-discriminatory ground.