( 1 ) THE Chief Medical Officer of Health, Malda, published a tender notice bearing No. 2424 dated 23rd September, 1987, inviting tender for supply of dietary articles to the District Hospital, Malda and to other hospitals in the same District for the period 1-11-97 or any subsequent date till 31-10-98.

( 2 ) THE said tender contained a clause to the effect that the District Diet Committee reserves the right to reject tender without assigning any reason and the decision of the District Diet Committee will be final.

( 3 ) THE petitioner/appellant participated in the said tender in respect of supply of all dietary articles except milk to the District Hospital, Malda only.

( 4 ) ON 28-10-97 the tenders were openedwhen rates quoted by different tenderers were not declared. However, on 29-10-97 Chief Medical Officer of Health, Malda, hung up a list of selected tenderers for supply of dietary articles in different hospitals in the District of Malda including District Hospital, Malda, furnishing therein the accepted rates.

( 5 ) THAT list disclosed that the tender of the petitioner/appellant has been rejected and the tender of the private respondents No. 7, 8 and 9 ha