- (1.) Instant petition has been filed by petitioner with the grievance that selection process was finalized by the respondent-Bharat Petroleum Corporation Ltd. for allotment of LPG Distributorship for Phulera, District Jaipur in pursuance of advertisement dt.31st August, 2000 where petitioner was placed in the select panel at No. 2 and Naveen Gupta, who was at No. 1 in the panel, was awarded LPG Distributorship which was cancelled finally on the recommendations made by the committee constituted by the apex court in 2007 [Ann.3], still he has not been considered and respondents have issued a fresh advertisement dt.3/11/07.
(2.) Respondent-Company M/s. Bharat Petroleum Corporation Ltd. issued advertisement dt.31st August, 2000 for selection of LPG Distributorship for various places including Phulera, District Jaipur. Petitioner being one of the aspirant submitted application and participated in the process of selection initiated by the respondents and after examining his eligibility and other requirements in terms of advertisement, he was found suitable and placed at No. 2 and Naveen Gupta was placed at No. 1 in the select panel prepared by the respondents on 2nd March, 2001. It appears that there were certain complaints made against Naveen Gupta in regard to selection undertaken by the respondents and under the orders of apex court dt.20/12/02 reported in 2003 (2) SCC-673 committee was constituted of Hon'ble Mr. Justice S.C. Agrawal & Mr. Justice P.K. Bahri. The committee examined the allotment of distributorship of Naveen Gupta and finally in Para 48 of its report Ann.3, it was observed that the selection of the allottee i.e. Naveen Gupta by the Dealer Selection Board stands vitiated on account of arbitrarily high number of marks awarded to the allottee i.e. Naveen Gupta. Further observed that allotment was made in favour of the allottee because of certain extraneous considerations. Operative part of recommendations made by the committee constituted under the orders of apex court, is reproduced as under: In the circumstances, the Committee is of the view that the selection of the allottee by the DSB is vitiated on account of arbitrarily high number of marks awarded by the DSB to the allottee. An inference has to be drawn that the allotment made in favour of the allottee was influenced by extraneous considerations.
(3.) In compliance of report which was finally-accepted by the apex court vide its judgment dt.12/1/07 and accordingly, in terms thereof, allotment of LPG Distributorship for location at Phulera, District Jaipur, was cancelled in 2007 and at this stage, the petitioner, who was at No. 2 in the panel, submitted representation and also served legal notice Ann.4 with the grievance that once Naveen Gupta who was placed at No. 1 in the panel because of extraneous considerations as observed by the committee in its report, his allotment stands cancelled and he being next in the panel may be considered for allotment of LPG Distributorship, but when his efforts failed, he approached this Court by filing instant petition.;