A Bench headed by Justice Arijit Pasayat dismissed the the Haryana Government plea challenging the Punjab and Haryana High Court judgment that quashed the state tourism department's impugned communication rejecting Bharat Hotels' sole financial bid for lack of competition.
The state government had challenged the High Court's order which also quashed the advertisement inviting fresh bids on the grounds that the impugned decision was arbitrary.
The Haryana Government had invited bids for setting up state-of-the-art hotels and hospitality management institutes at Tilyar (Rohtak) and Badkhal (Faridabad).
According to the Haryana government, the state is free to decide what is best in the public interest and work out modalities of the tender accordingly.
In every public tender there is a power inherent in the issuing authority to cancel the tender and call for fresh bids so as to ensure better competition and comparison, state counsel Devender Pratap Singh said, adding that the High Court failed to appreciate that there was only one financial bid and there was no scope for comparison and competition.
Bharat Hotels, on the other hand, contested the government's claim saying that the state government was under obligation to adhere to the result of the tender process after having accepted the financial bid.

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