BRAJESH CHANDRA MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of learned Advocates this Appeal is heard and decided today.

(2.) This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 27th September, 2010 passed by the learned Single Judge in above C.W.J.C. No. 5795 of 2010*.

(3.) The subject matter of this litigation is the selection of the Appellant by Indian Oil Corporation (hereinafter referred to as 'the . Corporation'), for L.P.G. distributorship in Gopalganj District. Pursuant to the advertisement published by the Corporation several persons including the writ Petitioner and the Appellant applied for such distributorship. The Appellant was selected and issued a letter of intent. In the select list, the writ Petitioner was at SI. No. 2. Feeling aggrieved by the selection of the Appellant, the writ Petitioner approached this Court under Article 226 of the Constitution in above C.W.J.C. No. 5795 of 2010*. According to the writ Petitioner the Appellant could not have been selected as he did not have requisite experience of dealing in petroleum products. Nevertheless, the Appellant was granted 2.5 marks under the head experience giving him an advantage over the Petitioner. Had the Appellant been not granted that 2.5 marks for experience, it was the Petitioner who would have earned the distributorship. The Petitioner also claimed that the Appellant being a practicing advocate could not have gained experience in petroleum products as claimed by the Appellant. Besides, he could not have applied for distributorship till he was holding a license to practice as an Advocate.