R. C. Lahoti, J. - (1.) Leave granted.
(2.) Bharat Petroleum Corporation Ltd., a Government of India Enterprise, issued an advertisement on 16-8-2000 inviting applications for appointment as LPG distributors for Bharat Gas at several locations mentioned in their advertisement, one of them being Palladam. One of the conditions of eligibility, as contained in the advertisement, was :- "(g) The applicants should furnish, along with the application, details of land for godown facilities which he/she may make available for the Distributorship. Considering the location of the land from the point of view of commercial angle, applicants willing to transfer the land/facilities on ownership/long lease to BHARAT PETROLEUM CORPN. LTD. at the rates acceptable to BHARAT PERTROLEUM CORPN. LTD. , would be given preference. If an applicant, after selection is unable to provide the land indicated by him/her earlier, within a period of 2 months , the allotment of the BHARAT GAS Distributorship made to him/her would be cancelled." The controversy in the present case centres around the abovesaid eligibility requirement and it is, therefore, not necessary to notice other eligibility requirements.
(3.) The appellants herein, who was the respondent No. 5 in the High Court, was one of the applicants who made an application seeking such appointment. The Dealer Selection Board scrutinized all the applications and also invited the applicants for interview. As noted by the High Court in its impugned judgment the Dealer Selection Board consisting of the Chairman and two Members gave the marks as under :- Respondent No. 3 - 50 + 90 + 72 = 212 Respondent No. 4 - 46 + 76 + 68 = 190 Respondent No. 5 - 93 + 80 + 80 = 253 (appellant in this Court) The appellant herein was recommended for appointment.;