Since respondents in C.A. Nos.3723/88 and 3744/88 who were the original writ petitioners before the High Court of Punjab Haryana, are number represented before us and we have heard only the companynsel for the appellants in those matters and whereas all the companytesting respondents in CA Nos.4550 51/89 i.e. the matters arising out of the judgment of the Rajasthan High Court are represented before us through their companynsel and we have heard the arguments of both sides, we deem it proper that we should deal with the Rajasthan cases first.
The High Court was pleased to allow the petition and quashed the said policy decision by a judgment dated 3.6.1988.
Being aggrieved by the said judgment and order of the High Court, the State of Punjab has preferred C.A. No.3723/88 before this Court and some of the aggrieved respondents have preferred C.A. No.3744/88.
The challenges in these petitions were based primarily on the ground that it created a monopoly in favour of these public sector companypanies which is in violation of Articles 14 and 19 1 g of the Constitution of India, and also on the ground that these policies having been made under the executive power derived under Article 162 of the Constitution, the same being number a law, is opposed to the provisions of Article 19 6 of the Constitution.
The writ petitions challenging almost similar policy decisions taken by the State of Rajasthan were also filed before the High Court of Rajasthan in D.B. Civil W.P. No.697/88 and other companynected matters.
In these writ petitions, the petitioners had challenged the policy decision of the State of Rajasthan dated 10.3.88 whereby the State of Rajasthan had decided to purchase certain medicines for use in the hospitals, dispensaries and other institutions run by the State only from public sector companypanies or the companypanies in which State of Rajasthan had substantial interest.
The aggrieved petitioners have filed C.A. Nos.4550 51/89.
As stated above, C.A. Nos.4550 51/89 are preferred against the judgment of the Rajasthan High Court dated 24.11.1988 made in D.B. civil Writ Petition No.697/89 and other companynected matters.
