V.D. Gyani, J.

1. By this petition under Article 226 of the Constitution of India, the petitioners-Company engaged in manufacture and supply of intravenous fluids to various hospitals, including hospitals attached to Medical Colleges, challenges the governmental order dated 17-7-1989 [filed by the petitioner as Annexure-R/3(4)], thereby directing purchases of intravenous fluids for hospitals atttached to Medical Colleges from respondent No. 4-M/s. Hindusthan Antibiotic Ltd., Pimpri, alone, and the State action in issuing such orders to M/s. Hindusthan Antibiotic Ltd., as wholly arbitrary, discriminatory, grossly violative of the right of equality, guaranteed by Article 14 of the Constitution of India.

2. Before proceeding any further, it would be desirable to deal with an objection in the nature of a preliminary objection as raised by the respondent No. 4 as regards maintainability of the petition itself for alleged violation of executive instructions, issued by the State Government. In this connection suffice it to note that the objection itself is based on a distorted view of the petition. It is too late in the day for the State, much less for the beneficiary of the largesses