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Subodh Kumar Singh Rathour vs The Chief Executive Officer on 7 July, 2023

59. Therefore, what can be culled out from the above is that although disputes arising purely out of contracts are not amenable to writ jurisdiction yet keeping in mind the obligation of the State to act fairly and not arbitrarily or capriciously, it is now well settled that when contractual power is being used for public purpose, it is certainly amenable to judicial review.‖ 6.15. The Office Memorandum dated 31.03.2020 read with Letter dated 28.02.2020 juxtaposed with the Revised Guidelines contained in the Office Memorandum dated 14.12.2022 as referred to above along with subsequent Office Memoranda without any ambiguity reveals that the disputes qua Railway vis-à-vis the present nature is sought be kept outside the purview of ―Administrative W.P.(C) No.22483 of 2025 Page 34 of 62 Mechanism for Resolution of Disputes‖. Therefore, the present writ petition questioning the decision making process in assigning arbitrary reason is maintainable. In such view of the matter, this Court is convinced that the writ petition is maintainable in the instant case to consider whether the rejection of the Bid of the petitioner by the Tendering Authority is tainted with arbitrariness and unfairness.
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