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The Constitution, in the chapter of Fundamental rights strongly establishes the guarantee against arbitrariness by ensuring the exercise of a transparent, fair process.Further, the mere use of the ground of public interest or financial loss caused to treasury cannot redeem the decisions taken by the previous regime unless factual and figurative evidence is provided.Initiating the tender process therein after receiving money from the selected bidders and changing tender allotment is an act of abusing bureaucratic power.
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Sheer reasoning of “Public Interest” cannot be used to revoke the work done by the previous regime.This obligation has no exemption for State, who can be a party to a contract. As upholding the principles of Law as well as equity. They are bound to fulfil the agreement that they have entered into.
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Fairness and bona fide standard embedded in contracts is applicable to all parties to a contract.When the State is bringing up allegations of financial loss or defence through public interest onus vests on the State and it is bound to produce evidence in material facts and numbers.