IN THE HIGH COURT OF JUDICATURE AT PATNA
LETTERS PATENT APPEAL No.610 of 2010
IN
CWJC 18171/2008
WITH
I.A. NO. 3103 of 2010
IN
LETTERS PATENT APPEAL No.610 of 2010
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SANJAY KUMAR AGRAWAL-Appellant
Versus
BHARAT PETROLEUM CORPORATION LTD. & ORS
----Respondent(s)
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Appearance:
For the Appellant : Mr. ALOK KUMAR AGRAWAL
For the Respondent: Mr. MADHURESH PRASAD
Mr. BINOD KUMAR SINGH
Mr. ANIL KUMAR SINGH
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
02. 28.09.2010 This Appeal preferred under Clause 10 of the
Letters Patent arises from the judgment and order dated 5th
March 2010 passed by the learned Single Judge in above
C.W.J.C. No. 18171 of 2008.
The appellant was one of the applicants for Bharat
Gas Distributorship at Farbesganj, District-Araria of respondent
Bharat Petroleum Corporation Limited. He has challenged the
merit list drawn by the Corporation and his placement at Sr. no.
3 pursuant to the interview held in the months of February and
March 2008. The challenge in the above C.W.J.C. No. 18171 of
2008 was based on an allegation of mala fide and extraneous
consideration. Learned Single Judge has considered the
averments and the pleadings on the record and has dismissed the
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writ petition. Therefore, the present Appeal.
The learned advocate Mr. Alok Kumar Agrawal
has appeared for the appellant. He has submitted that the
appellant is a Chartered Accountant. He has submitted that
under the head “experience”, the petitioner was given nil mark
pushing him down at Sr. no. 3 in the merit list. He has
submitted that the appellant had produced ample evidence before
the learned Single Judge in support of his allegation of mala
fide and extraneous consideration. The appellant also had the
business of Transport for which no special consideration has
been given to the appellant. He has submitted that in the similar
set of facts before the Hon’ble Supreme Court, in the matter of
Ritu Mahajan Vs. Indian Oil Corporation & Ors. 2009(3)
SCC 506, the allotment of distributorship of Petroleum was
cancelled.
We have perused the record of the writ petition.
The learned Single Judge has considered the aforesaid averments
made by the appellant. Learned Single Judge has observed that;
“…..the petitioner’s experience of business
with regard to transport is too remote in the
past and that too he has not filed any
document in support of the same, when the
application was made…..”
Having considered the credentials of the appellant,
we are of the opinion that the learned Single Judge has rightly
refused to interfere in the matter. No case for interference is
made out. The Appeal is dismissed in limine.
Interlocutory Application stands disposed of.
(R.M. Doshit, CJ.)
S.Sb/- (Jyoti Saran, J.)
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