( 1 ) THE subject-matter of challenge in this writ application is the acceptance of the tender submitted by respondent No. 6. Narayan Roy for supply of dietary articles in the hospitals of the Murshidabad District arbitrarily and in violation of the principles of natural justice. The facts of this case as well as the case of Tapan Kumar Ghosh are almost identical and as such the statement of the facts of Barun Kumar Sinha's case will suffice for the purpose of decisions of these two rules.

( 2 ) THE petitioner Barun Kumar Sinha who has been supplying dietary articles in the State-owned hospitals in Murshidabad since 1974 submitted a tender in pursuance of tender notice issued by the Chief Medical Officer of Health. Murshidabad, respondent No. 2, for the year 1981-82 inviting tenders from bona fide contractors for supply of dietary articles. It has been stated in the said notice that the intending tenderers shall quote overall percentage of rate for each category of contract in each zone falling in Fart-I either 'above' or 'at par' or 'below' the schedule of rates prepared for the purpose. It has been further stated in the said notice that in respect of the State-own