IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 4655 of 2008(D) ------------------------- PETITIONER: ---------------- K.G.KUMARAGURUVARAN, KUZHIVELIL PUTHEN VEEDU, PARAKKARA P.O., THATTAYIL, PATHANAMTHITTA, ADOOR ROAD, KERALA 691 525. BY ADV. SRI.T.SANJAY RESPONDENTS: ------------------- 1. THE TERRITORIAL MANAGER, BHARAT PETROLEUM CORPORATION LTD., AMM'S OFFICE, 1ST FLOOR, PETRONET CCK LTD., IRUMPANAM 682 309 ERNAKULAM. 2. AREA MARKETING MANAGER (KERALA), BHARAT PETROLEUM CORPORATION LTD., AMM'S OFFICE, 1ST FLOOR, PETRONET CCK LTD., IRUMPANAM 682 309 ERNAKULAM. 3. BHARAT PETROLEUM CORPORATION LTD., REPRESENTED BY ITS GENERAL MANAGER, AMM'S OFFICE, 1ST FLOOR, PETRONET CCK LTD., IRUMPANAM 682 309 ERNAKULAM. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) FOR R1 TO 3 SRI.S.SUJIN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.4655 OF 2008 ---------------------------------------- Dated this the 24th day of June, 2008 JUDGMENT The petitioner is aggrieved by cancellation of award of dealership to run a petroleum outlet granted by the respondents. The respondents would contend that the petitioner was declared as selected because of a mistake in calculation of marks. They would submit that the petitioner got 27.17 marks, which was computed on the maximum marks of 50, whereas legally the same should have been computed on the maximum of 65 marks. If it is computed on the maximum marks of 65, then the petitioner would get only less than 50% marks and only candidates scoring 50% or more marks are eligible to be selected. It is under the above circumstances, they had to cancel the selection. 2. The learned counsel for the petitioner would contend that if the petitioner was given an opportunity of being heard, he would have been able to satisfy the respondents otherwise. When this was put to the learned standing counsel, he would submit W.P.(c)No.4655/08 2 that a fresh order can be passed after affording an opportunity of being heard to the petitioner. In the above circumstances, the competent among the respondents is directed to reconsider the matter after affording an opportunity of being heard to the petitioner. It would be open to the petitioner to produce all documents which he has in support of his contentions which shall be considered while passing fresh orders. Fresh orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.4655/08 3