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Judgment
S.K. Gangele, J.—Heard. The petitioner has challenged allotment of retail outlet dealership in favour of respondent No. 5- Smt. Rashmi Sengar.
Admitted fact of the case is that the petitioner applied for the same. However, the petitioner was allotted only 31.5 average marks and respondent No. 5 Smt. Rashmi Sengar was allotted 40.3 average marks, hence, she had been allotted retail outlet dealership.
The main contention of the petitioner in this petition is that the petitioner had a land in accordance with advertisement issued by the Corporation, however, the petitioner has been awarded "0" marks against the land, which is arbitrary and illegal.
It is an admitted position that the petitioner was allotted "0" marks against the land.
Learned Senior Counsel appearing on behalf of the Corporation has contended that the aforesaid condition was not applied in the allotment of retail outlet dealership under challenge because the Corporation had the land, hence, no marks were allotted to the petitioner against the land, even no marks were allotted to respondent no. 5 or any other candidates.
As per tabulation sheet, total 13 candidates had applied for retail outlet dealership and the details of the marks awarded to them are as under:-
In view of the statement made by learned Senior Counsel and the tabulation sheet, the claim of the petitioner that she was not awarded the marks against the land, is unsustainable. Apart from this, the Committee has considered the eligibility of all the candidates and awarded the marks in accordance with law. There is no illegality in that. In such circumstances, in my opinion, the petitioner has no right of allotment of retail outlet dealership because she secured less marks in comparison to respondent No. 5. After selection of respondent No. 5, the letter of intent has been issued in favour of the respondent No. 5. That has also not been challenged by the petitioner in this writ petition. In this view of the matter, in my opinion, there is no merit in this writ petition. It is hereby dismissed. No order as to costs.
