Jagdish Mandal vs State Of Orissa & Ors on 11 December, 2006
A fair play is necessary for an administrative body functioning in
administrative spare. The Courts have also to consider that the
quashing of decision may impose heavy administrative burden on
the administration. Even if some defect is found in the decision
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making process, the Court must exercise its discretionary powers
under Article 226 of the Constitution of India in furtherance of
public interest and not merely on the making out of a legal point.
[See Jagdish Mandal vs. State of Orissa, (2007) 14 Supreme
Court Cases, 517, (relied upon by the third Respondent), Air
India Ltd. vs. Cochin International Airport Ltd. (2000) 2 SCC
617, Tata Cellular vs. Union of India, (1994) 6 SCC 651, B.S.N.
Joshi & Sons Ltd. vs. Nair Coal Services Ltd., (2006) 11 SCC
548, Raunaq International Ltd. vs. I.V.R. Construction Ltd.
(1999) 1 SCC 492].