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Surbahmaniam Swamy vs State Of Kerala 27/01/2011

calling of tenders is not the only procedure which answers the requirement of non-arbitrariness on the part of the State. When the State is intending to purchase or sell property or goods or seeking to have certain work like construction of a building or a project, etc. to be done by private parties inviting competitive bids from persons interested is generally a rational and transparent process, but even in such cases courts have recognised exceptions to the rule.

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