JUDGMENT

FAIZAN UDDIN, J. :- Leave granted.

2. The short question that arises for our consideration in this appeal is whether the impugned order of the High Court of Orissa dated 27-9-93 passed in O.J.C. No. 5435/93 directing the appellants not to take any decision on the advertisement dated 27-7-93 issued by the Superintendent C.D.M.O., Bolangir to settle the shop with any one to hold a medical store inside the hospital premises, Patnagarh could be sustained in the absence of any material to show that the said decision of the Government is arbitrary or opposed to any rule or regulations in that behalf.

3. The brief facts leading to this appeal under Art. 136 of the Constitution are that the State Government of Orissa with a view to streamline the existing procedure for opening of 24 hours medical stores in the college, hospitals, etc. and in supersession of previous instructions took a decision that 24 hours medical stores shall be opened in the campus of the hospital which shall remain open for all the 24 hours with a view to make the medicines available to the patients at competitive price. Consequently, a memo dated 13-5-93 was issued to all the D.M.E.T./D.H.S./D.C. and all Super