IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1156 of 2005 KUMARI SEEMA Versus THE UNION OF INDIA & ORS ----------- For the appellant : Mr. Rajendra Prasad Singh Senior Advocate with Mr. R.K.Singh For the respondents: None. 11. 30.7.2008. Writ petitioner-appellant, aggrieved by order dated 20.9.2005 passed by a learned Single Judge dismissing C.W.J.C.No.11378 of 2005, has preferred this appeal under Clause 10 of the Letters Patent. Writ petitioner-appellant as also Respondent No.7 Manju Agrawal were candidates for appointment as Retail Outlet dealer of petroleum products. On assessment of inter se merit, based on criteria fixed, Respondent No.7 was found more suitable than the writ petitioner-appellant. She challenged the same before this Court in a writ application which has been dismissed and has given rise to this appeal Mr. Rajendra Prasad Singh, Senior Advocate, appearing on behalf of the appellant, submits that when the Principal, i.e. M/s Bharat Petroleum Corporation Limited 2 had issued criteria for selection of Retail Outlet Dealers for petroleum products, it has to follow that and violation thereof, shall render the selection arbitrary. On facts, Mr. Singh contends that the appellant ought to have been given more points under various headings than respondent no.7. We do not have the slightest hesitation in accepting the broad submission of Mr. Singh that significant breach of criteria for selection, may lead the selection to be bad. In the present case, points have been allocated under various heads. The Selection Committee has given points to the appellant and respondent no.7 under various heads. It can not be said to be patently absurd. We refrain ourselves from becoming a super selection body for selecting the Retail Outlet Dealers. Basically, it is commercial decision of M/s. Bharat petroleum Corporation and in the absence of any arbitrariness, or decision shocking the conscience of the Court, selection is not fit to be interfered with by this Court in exercise of its writ 3 jurisdiction. We do not find that the learned Single Judge, while dismissing the writ application, has committed any error calling for our interference. We do not find any merit in the appeal and its is dismissed accordingly with cost of Rs.1100/ to be paid by the appellant to M/s Bharat Petroleum Corporation. (C.K.Prasad) (Dr.Ravi Ranjan) ahk