(120 )AIC89 (S.C. ), AIR2013 SC 141 , 2012 (6 )ALLMR948 , 2012 (6 )ALLMR(SC)948 , 2012 (95 ) ALR 860 , 2013 (1 )BLJ(SC )60 , 2012 INSC 492 , JT2012 (10 )SC 617 , 2013 -2 -LW193 , 2012 (10 )SCALE546 , (2012 )12 SCC106 , [2012 ]9 SCR849 , 2014 (2 )SLJ191 (SC ), ,MANU/SC/0932/2012P. Sathasivam#Ranjan Gogoi#265SC3050Judgment/OrderAD#AIC#AIR#AllMR#AllMR#ALR#BLJ#INSC#JT#LW#MANU#SCALE#SCC#SCR#SLJP. Sathasivam,SUPREME COURT OF INDIA2012-11-7Power of High Courts to issue certain writs,The High Court in the States,The States,Constitution of India17163 -->

MANU/SC/0932/2012

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 7599 of 2012 (Arising out of SLP (C) No. 13499 of 2011)

Decided On: 19.10.2012

Appellants: Sajeesh Babu K. Vs. Respondent: N.K. Santhosh and Ors.

Hon'ble Judges/Coram:
P. Sathasivam and Ranjan Gogoi

JUDGMENT

P. Sathasivam, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 06.04.2011 passed by the High Court of Kerala at Ernakulam in Writ Appeal No. 464 of 2011 whereby the Division Bench of the High Court dismissed the appeal filed by the Appellant herein.

3. Brief Facts:

a) On 27.12.2007, the Bharat Petroleum Corporation Ltd., a Public Sector Oil Company engaged in refining of crude oil and marketing of various petroleum products (in short "the Corporation")-Respondent No. 2 herein invited applications for grant of LPG distributorship for Edavanna, Malappuram District, Kerala, a distributorship reserved for Scheduled Caste applicants. In total, 41 persons including the Appellant and Respondent Nos. 1 and 3 herein applied for the grant of licence for the same.

b) The Corporation, after conducting interviews and evaluating the merits and demerits of the candidates as per the procedure prescribed under the guidelines for the selection of Bharatgas Distributors, selected the Appellant herein for grant of licence of LPG distributorship and issued him a Letter of Intent dated 25.06.2009.

c) Challenging the genuineness of the experience certificates produced by the Appellant herein, Shri N.K. Santhosh-Respondent No. 1 herein filed a petition being W.P. (C) No. 7622 of 2010 before the High Court of Kerala. Learned single Judge of the High Court, by judgment dated 16.03.2011, allowed the petition and quashed the distributorship granted to the Appellant herein.

d) Against the said judgment, the Appellant herein filed a Writ Appeal being No. 464 of 2011 before the High Court. The Division Bench of the High Court, by impugned judgment dated 06.04.2011, dismissed the said appeal.

e) Aggrieved by the said judgment, the Appellant has filed this appeal by way of special leave before this Court.

4. Heard Mr. V. Giri, learned senior Counsel for the Appellant and Mr. Siddhartha Chowdhury, learned Counsel for Respondent No. 1 and Mr. Vikram Ganguly, learned Counsel for Respondent No. 2-Corporation. None appeared for Respondent No. 3.

5. It is the claim of the Appellant that the Corporation, after conducting interviews and evaluating the merits and demerits of the candidates as per the procedure prescribed under the guidelines for selection of Bharatgas Distributors, selected him for grant of licence of LPG distributorship for Edavanna, Malappuram District, Kerala. It is also pointed out that as per the tabulation sheet, the Appellant had scored highest marks than the other cand........