discriminatory action. The State of Maharashtra cannot enter into a private contract by negotiations as it distributes state largess and must follow fair and equitable ... with the State, the judicial intervention in such cases may be justified. Noting reasonableness in State action relating to distribution of State largesse particularly
instrumentality of the State under Article 12 of the
Constitution, is in the form of distribution of State largesses. Distribution of State
Largesses ... State or its instrumentalities/agencies partakes the character of a
trust. The process to be adopted for distribution of State largesses must be fair
judicial interference permissible when the action of
the State Govt. for distribution of State largesse for the public welfare come
within the realm of public
dealings of the State have to be fair, objective,
transparent, non-arbitrary and non-discriminatory, State
largesse cannot be distributed at the whims ... Others vs. The Chief Secretary, Government of Sikkim and Others
distribution of State largesse by negotiation as held supra and in
M. P. Oil Extraction
Rules and the law holding the field of distribution of State largesse.
2. At the outset, it would be relevant to place on record ... same spirit has to be followed for distribution of State largesse in other Departments
also. In any case, the law in this field is well
would certainly amount
to arbitrary action in the matter of distribution of State
largesse which by the decisions of this Court is
impermissible ... equality of opportunity to the appellant in the matter of
distribution of State largesse.
A learned Single Judge issued a notice to the
respondents calling
treatment. Law is well settled that in the matter of
distribution of largesse, the State Government is bound to act fairly and
reasonably and cannot ... tender/auction is not the only or sole method of
distribution of State largesse. Even in the absence of specific contract or
agreements, State largesse
unusual, wilful and perverse way of exercising the power of
distributing State largesse. [420 F]
2.(i) It was only subsequent to the award ... unusual, wilful and perverse way of exercising the power of
distributing State largesse. It was suggested before us that
the public exchequer would not suffer
attendant facts
do project a distressing state of affairs in the matter of
distribution of State largesse, seemingly motivated by
irrelevant considerations, deliberate defaults ... administrative probity, transparency, objectivity and
fairness in the matter of distribution of State largesse
25
and public contracts. This decision, to reiterate, has
become final
Mool Chand Khairati Ram Trust vs Union Of India on 28 April, 2014
Author: S
