VidhiSangh

Supreme Court of India · 05/12/2018

SANJAY KUMAR JHA versus PRAKASH CHANDRA CHAUDHARY & ORS.

[2018] 14 S.C.R. 893 · 2018 INSC 1160

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Summary

The Supreme Court reversed the High Court’s direction to allot an Indian Oil retail dealership to the second-ranked applicant. The High Court had resolved disputed land-location facts contrary to revenue reports and assumed, without adequate reasoning, that revised marks would place him first. Judicial review did not authorise a fresh comparative assessment of candidates. The High Court orders were set aside and the writ petition dismissed.

Issues

  1. Whether the High Court could resolve disputed land-location facts and substitute its assessment for the dealership-selection authority.
  2. Whether an assumed marking error justified a direct allotment to the second-ranked candidate.

Held

Result

Appeals allowed. High Court appellate and Single Bench orders set aside; writ petition dismissed. Parties to bear their respective costs.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 893.