Case: SANJAY KUMAR JHA Vs. PRAKASH CHANDRA CHAUDHARY

zero, the order of the learned Single Bench does not disclose the process of reasoning for arriving at the conclusion that the re- spondent Prakash Chandra Chaudhary had become the candi- date with the highest marks. There was no reason to as- sume that the respondent Prakash Chandra Chaudhary would have to be awarded marks that would make him rank first in the panel, when the total marks were 4 and one Md. Mojibur Rahman, the third empaneled candidate had been awarded 4 out of 4, while the appellant Sanjay Kumar Jha had been awarded 2.14. The records reveal that the land of the appellant Sanjay Kumar Jha measuring 0.29 acres was within 50 meters from Giriyama chowk on Falka Gerabadri Road whereas the land of Prakash Chandra Chaudhary measuring 0.13 acres was located at a distance of 800 meters from Giriyama chowk. The land of the appellant Sanjay Kumar Jha was larger in area. Of course, these observations are not to be construed as any factual finding of this Court, that the land of respondent Prakash Chandra Chaudhary was within Giriyama. 16. It is well settled that proceedings under Article 226 of the Constitution of India, the High Court cannot sit as a Court of Appeal over the findings recorded by a competent administrative authority, nor reappreciate evidence for itself to correct the error of fact, that does not go to the root of jurisdiction. The High Court does not ordinarily interfere with the findings of fact based on evidence and substitute its own findings, which the High Court has done in this case. Even assuming that there had been any error in the computation of marks in respect of fixed and movable assets, the High Court could, at best, have remitted the case of respondent Prakash Chandra Chaudhary to the concerned authorities for reconsideration. 17. Being aggrieved by the judgment and order dated 8.3.2016 of the learned Single Bench the Indian Oil Corpora- tion filed an appeal therefrom, being Letters Patent Appeal No.855 of 2016, which has been dismissed by the order dated 24.4.2017 of the Division Bench under appeal in these ap- peals filed by the appellant, Sanjay Kumar Jha, and the Indian Oil Corporation respectively. 18. By the order under appeal, the Division Bench dismissed the appeal, rightly observing that the allotment was for Giriyama within the radius of one kilometer from Giriyama chowk at Falka Road. The Division Bench, however, fell in error in proceeding on the basis that the plot of the appellant Sanjay Kumar Jha was not situated in Giriyama Chowk and as such the learned writ court had not committed any error in recording its finding. It is a matter of record that there were two reports in respect of the plots, both of which confirm that the plot of the appellant was in Giriyama within 50 meters of Giriyama chowk whereas in case of respondent Prakash Chandra Chaudhary, the Circle Officer, Falka had by letter dated 15.4.2014 confirmed that the land offered by him fell outside the limits of Giriyama. In any case, the plot offered by respondent Prakash Chandra Chaudhary which measured 0.13 acres was smaller than that of the appellant Sanjay Kumar Jha was 0.29 acres. 19. In exercise of discretionary power of judicial review under Article 226 of the Constitution, the High Court might interfere with administrative matters only if the decision is violative of fundamental or basic principles of justice and fair play or suffers from any patent or flagrant error. It is true that the High Court might rectify, in exercise of its power of judicial review, an error of law or even an error of fact, for sufficient reasons, if the error breaches fundamental or basic principles of justice or fair play or if the error is patent and/or flagrant, but not otherwise. However, even in cases where the High Court finds an apparent factual error which goes to the root of the decision, the appropriate course of action would be to give the opportunity to the authority concerned to rectify the error. It is only in the rarest of cases, where the factual error is so obvious that it is rectifiable by the Court itself, that the Court might, to prevent delay and consequential denial and/or miscarriage of justice, rectify the error. 20. In the instant case, at the cost of repetition, it is reiterated that even assuming that the land of the petitioner was situated within Giriyama, there was no reason to presume that the marks awarded to the petitioner would in the aggregate be the highest when the land of the appellant Sanjay Kumar Jha was located nearer the Giriyama chowk and his area of land was bigger. 21. It is not for the High Court, exercising jurisdiction under Article 226 of the Constitution of India to embark upon a comparative assessment of the suitability of different candidates for appointment of a dealer of a retail outlet. The High Court, in our view, should not have decided the factual question of whether the land of respondent Prakash Chandra Chaudhary was in Giriyama in view of the reports of the concerned Additional Collector, District Magistrate and Circle Officer to the effect that the land of respondent Prakash Chandra Chaudhary was in Falka block and not within Giriyama. The High Court patently erred in brushing aside the reports of the Revenue Authorities and arriving at a different finding. 22. In any case, as observed above, the Division Bench has apparently dismissed the appeal filed by the appellant proceeding on the patently erroneous basis that the land of respondent Prakash Chandra Chaudhary had been found to be situated within the radius of one kilometer of Giriyama chowk whereas the land of the appellant Sanjay Kumar Jha was situated outside the Giriyama circle, which was not even the case of respondent Prakash Chandra Chaudhary in the writ petition. Even the learned Single Bench found that the land of the appellant Sanjay Kumar Jha was within Giriyama.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]18. By the order under appeal, the Division Bench dismissed the appeal, rightly observing that the allotment was for Giriyama within the radius of one kilometer from Giriyama chowk at Falka Road. The Division Bench, however, fell in error in proceeding on the basis that the plot of the appellant Sanjay Kumar Jha was not situated in Giriyama Chowk and as such the learned writ court had not committed any error in recording its finding. It is a matter of record that there were two reports in respect of the plots, both of which confirm that the plot of the appellant was in Giriyama within 50 meters of Giriyama chowk whereas in case of respondent Prakash Chandra Chaudhary, the Circle Officer, Falka had by letter dated 15.4.2014 confirmed that the land offered by him fell outside the limits of Giriyama. In any case, the plot offered by respondent Prakash Chandra Chaudhary which measured 0.13 acres was smaller than that of the appellant Sanjay Kumar Jha was 0.29 acres.In exercise of discretionary power of judicial review under Article 226 of the Constitution, the High Court might interfere with administrative matters only if the decision is violative of fundamental or basic principles of justice and fair play or suffers from any patent or flagrant error. It is true that the High Court might rectify, in exercise of its power of judicial review, an error of law or even an error of fact, for sufficient reasons, if the error breaches fundamental or basic principles of justice or fair play or if the error is patent and/or flagrant, but not otherwise. However, even in cases where the High Court finds an apparent factual error which goes to the root of the decision, the appropriate course of action would be to give the opportunity to the authority concerned to rectify the error. It is only in the rarest of cases, where the factual error is so obvious that it is rectifiable by the Court itself, that the Court might, to prevent delay and consequential denial and/or miscarriage of justice, rectify the error.In the instant case, at the cost of repetition, it is reiterated that even assuming that the land of the petitioner was situated within Giriyama, there was no reason to presume that the marks awarded to the petitioner would in the aggregate be the highest when the land of the appellant Sanjay Kumar Jha was located nearer the Giriyama chowk and his area of land was bigger.It is not for the High Court, exercising jurisdiction under Article 226 of the Constitution of India to embark upon a comparative assessment of the suitability of different candidates for appointment of a dealer of a retail outlet. The High Court, in our view, should not have decided the factual question of whether the land of respondent Prakash Chandra Chaudhary was in Giriyama in view of the reports of the concerned Additional Collector, District Magistrate and Circle Officer to the effect that the land of respondent Prakash Chandra Chaudhary was in Falka block and not within Giriyama. The High Court patently erred in brushing aside the reports of the Revenue Authorities and arriving at a different finding.In any case, as observed above, the Division Bench has apparently dismissed the appeal filed by the appellant proceeding on the patently erroneous basis that the land of respondent Prakash Chandra Chaudhary had been found to be situated within the radius of one kilometer of Giriyama chowk whereas the land of the appellant Sanjay Kumar Jha was situated outside the Giriyama circle, which was not even the case of respondent Prakash Chandra Chaudhary in the writ petition. Even the learned Single Bench found that the land of the appellant Sanjay Kumar Jha was within Giriyama.