LAWS(BOM)-2012-11-142

SUNITA SANJAY BHOR Vs. KALYANI ABHIJIT BOBADE

Decided On November 26, 2012
Sunita Sanjay Bhor Appellant
V/S
Kalyani Abhijit Bobade Respondents

JUDGEMENT

(1.) The petitioners are partners. Respondent Nos. 2, 3 and 4 are the Hindustan Petroleum Corporation Limited (HPCL) and its Director of Marketing and Senior Regional Manager respectively. The petitioners have sought an order to set aside the decision of HPCL to scrap a merit list dated 20th January, 2010, and to hold a fresh interview. The petitioners have also sought an order to set aside the statement of award of marks dated 7th December, 2010, by the selection committee of HPCL. HPCL, by an advertisement dated 17th August, 2009, invited applications for the allotment of retail outlet dealership in the Satara District. Six applicants, including the petitioners and respondent No. 1, filed applications for the same. The petitioners were invited for an interview.

(2.) The selection committee declared a provisional mark list on 20th January, 2010. As per the said mark list, the petitioners were selected as they received the maximum marks of 251.40 out of 300, Respondent No. 1 raised various grievances regarding the allocation of marks. The grievances were raised as per the grievance redressal system. The same were, however, rejected. Being aggrieved by the same, respondent No. 1 filed Writ Petition No. 5415 of 2010 to challenge the award of marks. The Writ Petition was opposed by HPCL. The Writ Petition was disposed of by the Division Bench by an order 5th October, 2010, which reads as under:-

(3.) Mr. Dhakephalkar, the learned senior counsel appearing on behalf of the petitioners contended that there were no arithmetical mistakes in the first list and, therefore, the entire process which was undertaken de novo is liable to be quashed and set aside.