The reason is, that not having the force of law, they cannot confer any legal right upon any body, and cannot, therefore, be enforced even by writs under article 226." The learned author however rightly points out at p. 145: "Even though a non statutory rule, bye law or instruction may be changed by the authority who made it, without any formality and it cannot ordinarily be enforced through a Court of law, the party aggrieved by its non enforcement may, nevertheless, get relief under article 226 of the Con stitution where the non observance of the non statutory rule or practice would result in arbitrariness or absence of fairplay or discrimination, particularly where the authority making such non statutory rule or the like comes within the definition of 'State ' under article 12." In G.J. Fernandez 's case, the petitioner submitting the lowest tender assailed the action of the Chief Engineer in addressing a communication to all the tenderers stating that even the lowest tender was unduly high and enquired whether they were prepared to reduce their tenders.