SHASHI CHAUHAN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Respondent No. 5 Ajay Goswami filed Civil Writ Petition No. 10791 of 2009 before this Court making a grievance about the exclusion of his candidature in selection for awarding dealership of LPG distributorship. The exclusion of the petitioner (now respondent No. 5) was based on a comparative merit where marks awarded to number of candidates were higher and the first three candidates were empanelled for further consideration. It was urged that the marks had not been correctly awarded.

(2.) The total allocation of marks had to be made out of 100, out of which 35 marks were for a parameter of capability to provide the infrastructure and facilities as per Clause 14.1 of the brochure issued in June, 2007. Respondent No. 5 was awarded 15 marks as against the maximum 35 marks allocated towards the said parameter. It is this aspect which was sought to be assailed.

(3.) The grievance arose out of the fact that against the specification/dimension of the plot, the petitioner had given the area of the land as two acres with 400 feet front at Ambala-Chandigarh National Highway as available for godown and the same was also specified for the suitability of the showroom. In so far as the parameter of ownership was concerned, the petitioner was stated to be owner of 4 Bighas though the family owns 8 Bighas of land equivalent to two acres. The relevant clause 13-A1 of the application dealing with this aspect, as filled in by respondent No.5, is reproduced hereinunder:-