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 ========================================== SANJAY KUMAR AGRAWAL-Appellant Versus BHARAT PETROLEUM CORPORATION LTD. & ORS ----Respondent(s) ========================================== Appearance: For the Appellant : Mr. ALOK KUMAR AGRAWAL For the Respondent: Mr. MADHURESH PRASAD Mr. BINOD KUMAR SINGH Mr. ANIL KUMAR SINGH ========================================== 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 2 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. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.) 3