SASMITA PRAHARAJ Vs. BHARAT PETROLEUM CORPORATION

JUDGEMENT

(1.) THE petitioner in this writ petition challenges the action of opposite party Nps. 1 to 5 in selecting either opp. party No. 7 or opposite party No. 8 as dealer for the retail outlet of Bharat Petroleum Corporation Ltd. at Chhend in the district of Sundargarh.

(2.) THE case of the petitioner, in brief, is that in response to an advertisement made in the local Oriya daily 'the Sambad' on 6.8.2000 inviting applications from eligible woman candidates for appointment as dealer for the retail outlet of Bharat Petroleum Corporation Ltd. at Chh'end in the district of Sundargarh vide Annexure -1, the petitioner along with opposite party Nos. 7 and 8 and others applied for the same. According to the petitioner, she fulfilled the eligibility criteria stipulated in Annexure -1. It is also stated that she had taken a land on lease at Chhend for the purpose. The petitioner claims that she was not only more qualified than opposite party Nos. 7 and 8 but also had better marketing experience than the said opposite parties. As it appears from the allegations made in the writ petition, the selection committee constituted for the purpose on being influenced by certain political pressure and on irrelevant consideration had placed the petitioner in second position. Further, it is stated that the entire selection was an out -come of irrelevant consideration and non -consideration of relevant factors and had been done by ignoring all norms of fairness and principles of natural justice. Therefore, the result of selection is liable to be set aside.

(3.) SHRI R. K. Rath appearing for O. P. No. 5 further argues that there is no allegation in the writ petition if the decision -making authority, in any manner, either exceeded the power conferred on it or committed any error of law or there was any breach of rules of natural justice.