The High Court dismissed a Writ Petition challenging the selection process for petroleum dealership appointments. The Court held that the petitioner, previously found ineligible, could not avail benefits of a Supreme Court order directing fresh selection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp715716.odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7157 OF 2016
Mrs.Sajeda Tarannum w/o Md. Zaki Qureshi
Petitioner
Versus
The Union of India & others
Respondents
Mr.H.I.Pathan, advocate for the petitioner. Mr.S.B.Deshpande, Assistant Solicitor General for Respondent No.1.
CORAM : R.M.BORDE &
K.L.WADANE, JJ. DATE : 11th July, 2016
PER COURT:
1 The petitioner is objecting to the process of selection adopted by Respondent-Corporation for appointment of dealers for retail sale of petroleum products. Petitioner claims that her entitlement needs to be considered on the basis of the judgment delivered by the Hon'ble Supreme Court in Civil Appeal No.1676 of 2016, decided on 23rd February, 2016.
2 The appeal was presented by one Hina challenging rejection of her application for allotment of retail outlet of petroleum/diesel dealership at location Kalamnuri, District Hingoli. While allowing appeal, the Hon'ble Supreme Court has issued directions to Respondent-Corporation to conduct the selection afresh, allowing participation of the appellant before the Supreme Court as well as those who have been considered as eligible by the Corporation.
wp715716.odt
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3 It is not a matter of dispute that the petitioner was held ineligible during the selection process and challenge raised by the petitioner, in respect of said decision, has been turned down by this Court while dealing with Writ Petition No.9446 of 2012. Since the petitioner is not considered to be an eligible candidate, she cannot claim any benefit under the order passed by the Hon'ble Supreme Court in Civil Appeal No.1676 of 2016. Petition is devoid of substance.
4 Writ Petition stands dismissed.
R.M.BORDE
K.L.WADANE R.M.BORDE JUDGE JUDGE adb/wp715716
3 issues framed by the court
Whether a petitioner found ineligible in a previous decision can claim benefits from a subsequent Supreme Court order directing fresh selection?
Whether the petitioner's Writ Petition presenting an objection to the selection process has any substance?
Whether the Writ Petition filed by the petitioner ought to be dismissed?
Mrs.Sajeda Tarannum w/o Md. Zaki Qureshi
The Union of India & others
R.M.Borde
K.L.Wadane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
