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april 1967

Supreme Court of India · 1967-04-14

G.J. FERNANDEZ vs STATE OF MYSORE & ORS.

Citation / case number
SC 1967/124
Court
Supreme Court of India
Petitioner
G.J. FERNANDEZ
Respondent
STATE OF MYSORE & ORS.
Bench
WANCHOO, K.N. (CJ)

Judgment text excerpt

The Supreme Court held that Article 162 of the Constitution does not confer rule-making power on the State Government, and thus, the administrative instructions in the Mysore Public Works Department Code are not enforceable in court. The Court found that the Chief Engineer's actions, including accepting a conditional tender beyond the prescribed period and engaging in negotiations, did not violate Article 14 as the appellant had no enforceable right under the administrative instructions. Consequently, the High Court's dismissal of the writ petition was upheld.

G.J. FERNANDEZ vs STATE OF MYSORE & ORS. · Niyam