IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4796 of 2010 DILEEP KUMAR S/O LATE NAGESHWAR PRASAD SINGH R/O VILLAGE - MOGHALKUAN,P.O AND P.S.- SOHSARAI, DISTRICT - NALANDA. Versus 1.TERRITORY MANAGER, BHARAT PETROLEUM CORPORATION LTD. BIHAR , PATNA 2. AREA MARKETING MANAGER, Bharat Petroleum Corporation, Behind Mithila Motors, Exhibition Road, PATNA 3. CO-ORDINATOR , L.P.G. TERRITORY, East Bharat Bhawan, Plot No. 31, Scheme No. 118, Prince Gulam Shah Road, Kolkata. --------- 04. 19.04.2010 Heard learned counsel for the petitioner and learned counsel for the Corporation. Petitioner was one of the candidate who sat in the interview for appointment of a dealer for Bharat Gas Distributorship located at Nawada. The final result was published and the panel of candidates declared in terms of annexure-5. Petitioner figures 4th in the list with 92.67 marks. First empanelled candidate has been awarded 94.67 marks. Petitioner first approached the Corporation with a grievance that selection has not been done fairly and the marks awarded to him for qualification and technical head does not reflect the true state of affairs. He claims to be a Management Graduate having BBA Degree issued by Global Institute of Management & Technology located at New Delhi. A certificate has been annexed by the petitioner as Annexure-A which certifies that the three years BBA Course having six semesters is a Graduate Management Course and examination was conducted by Jamia Millia Islamia University which is UGC recognized University. For a degree in 2 management which is a professional degree, petitioner should have been awarded 15 marks whereas he has been awarded only 1 marks, 10 marks for graduation and 1 mark for additional qualification like a diploma or a degree. This does not satisfy the petitioner. The complaint of the petitioner was examined by the Corporation and vide letter dated 15th of February, 2010 they have communicated their decision to the petitioner wherein they have categorically held that in terms of Clause 14.1 of the advertisement, petitioner has been granted marks according to the parameters laid down therein. The BBA degree has earned the petitioner 10 marks as a graduation degree and one mark was awarded as additional qualification but to treat the petitioner as a Management Graduate (MBA) would not be doing justice either to the advertisement or the terms and conditions mentioned therein. Learned counsel for the petitioner insists that BBA is a graduate degree in management because the course imparted is a management course and like any other professional degree he should be awarded 15 marks. Submission of the learned counsel for the petitioner has to be accepted with a pinch of salt because by no stretch of interpretation a BBA degree can be treated at par as degree in management. In fact in this background subsequently a clarification has been issued by the Oil Companies which has been brought by the petitioner as Annexure-9 by way 3 of second supplementary affidavit. The marks awarded to the petitioner seems to be in order and essence of clause 14.1 of the advertisement. Petitioner cannot be treated at par as Management Graduate on the basis of BBA Degree. No violation has been done in award of such marks in the selection process. The writ has no merit. It is dismissed. rkp ( Ajay Kumar Tripathi, J )