SWAPAN SAREN Vs. BHARAT PETROLEUM CORPORATION LIMITED AND ORS.
LAWS(CAL)-2014-6-145
HIGH COURT OF CALCUTTA
Decided on June 13,2014

Swapan Saren Appellant
VERSUS
Bharat Petroleum Corporation Limited And Ors. Respondents

JUDGEMENT

Soumitra Pal, J. - (1.) In the writ petition, the petitioner, belonging to Santhal Tribe, who had filed an application for LPG distributorship pursuant to the advertisement dated 9th September, 2012, has challenged the action of the authorities of the Bharat Pretoleum Corporation Limited in cancelling the draw of lots conducted on 3rd December, 2013 and the decision for re-draw of lots on 7th February, 2014, as intimated by letter dated 15th January, 2014, on the ground that as in the meeting there was quorum and he was declared selected after draw of lots held in accordance with the Brochure on Guidelines for Selection of Regular LPG Distributors, the direction for redraw of lots is illegal. It is submitted by Mr. Samarajit Roy Chowdhury, learned Advocate, that as the petitioner was selected pursuant to the draw of lots, the impugned order may be directed to be quashed and appointment letter for distributorship may be issued.
(2.) Mr. Amitabh Shukla, learned Advocate appearing on behalf of the respondent authorities submits that since quorum should comprise at least 50% of the applicant, whose names are there in the draw and since one applicant was present and there was lack of quorum under paragraph 10.6 of the Guidelines, the authorities were justified in cancelling the draw of lots and the decision for re-draw is just and proper.
(3.) During admission, directions were issued for filing of affidavits. Affidavits have since been filed and are on record.;


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