M MANZOOR ALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) By these two writ applications a common prayer has been made for issuance of a writ of certiorari for quashing the selection of respondent No. 5 in both the cases in awarding of a retail out let dealership of Hindustan Petroleum Corporation Limited at Jokihat, District Araria on the recommendation of the Selection Board (Bihar), Patna, and for issuance of a writ of mandamus to grant letter of intent in favour of the petitioners for retail outlet dealership at Jokihat, which has been illegally denied to them. Therefore, these two writ applications have been heard together and are being disposed of by this common order.

(2.) Heard counsel for the parties.

(3.) It appears that the Hindustan Petroleum Corporation Limited, respondent No. 2, had issued an advertisement in the daily newspaper "Nav Bharat" on 21-1-1993, as contained in Annexure-1 to both the writ applications, inviting applications for grant of retail outlet dealership at Jokihat, District Araria Pursuant to the advertisement, these two petitioners, along with others, including respondent No. 5, applied for the dealership of retail outlet. The petitioners and respondent No. 5 along with others were interviewed by the Oil Selection Board, respondent No. 4, on 30-6-1994 for the award of largess. Thereafter, a merit list was prepared, in which respondent No. 5 was shown at Sl. No. 1 and the petitioner Md. Irshadur Rahman of C.W.J.C. No. 10256 of 1994, was shown at Sl. No. 2 and since respondent No. 5 was at Sl. No. 1 he was finally selected and the letter of intent was issued in favour of respondent No. 5.