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1958 Supreme(Ker) 71

M.S.MENON, VARADARAJA IYENGAR
K. Bhaskaren – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioner is a contractor who executes works for government departments. He wanted to tender for the construction of latrines in the Head Office of the Director of Public Instruction, Trivandrum, and applied for the necessary chalan for depositing the earnest money on 11-6-1957.

2. The petitioner's application, Ext. P1, reads as follows:

"I request you to be so good as to issue necessary counter-signed chalan, for depositing the earnest money for the work of constructing a latrine for ladies in the Office of the D. P. L".

Ext. P2 of the same date is the reply that he received from the 2nd respondent, the Executive Engineer, Education Division, Trivandrum:

"With reference to his application dated 11-6-57, the contractor is informed that he will not be given any chalan as he has been blacklisted".

3. The petitioner contends:

(1) that his fundamental right to practise his profession is infringed by the "blacklisting"; and

(2) that the order of "blacklisting" has been passed without giving him an opportunity to present his case and thus violates an elementary principle of natural justice.

4. We are unable to see any fundamental or other right to compete for a government con


















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