Judgement

WANCHOO, CJI. : This is an appeal on a certificate granted by the Mysore High Court and arises in the following circumstances. Tenders were called for construction of the right bank masonry dam called "Hidkal Dam" by the Public Works Department, Irrigation Projects, of the State of Mysore. The tenders were to be submitted to the Chief Engineer of the department. Among the tenderers was the appellant. Another tenderers was respondent No. 3 before us. Eventually the contract was granted by the Major irrigation Projects Control Board (hereinafter referred to as the Board) on November 5, 1966 to respondent No. 3. The appellant challenged the grant of contract to respondent No. 3 and prayed for quashing the resolution of the Board mainly on two grounds, namely, (i) that the rules in the Mysore Public Works Department Code (hereinafter referred to as the Code) were not followed, and (ii) that there was unequal treatment between the various tenderers which was in violation of Article 14 of the Constitution.

2. Most of the facts are not in dispute and we shall narrate them in some detail as they are necessary for the purpose of determining whether there was any breach of Article 14