Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India I 950 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950:Article 226 - Modified Rationing dealership - Name of First respondent recommended by competent authority for grant of dealership - Grant thereof - Interference by High Court under Article 226 - Held: Not called for as he fulfilled the relevant criteria - Public Distribution System.Administrative Law:Decision making process - Interference with - Scope of - Discussed.The Selection process for the grant of MR dealership was conducted wherein both appellant and the First respondent filed their respective applications. The competent authority recommended the name of First respondent. Pursuant thereto, the Collector granted MR dealership to him. Appellant filed writ petition before High Court. Single judge allowed the same. First respondent successfully appealed before the Division Bench of the High Court.In appeal to this Court, appellant contended that the Division Bench committed a manifest error in reversing the judgment of the Single Judge insofar as it took into consideration irrelevant factors, namely, educational qualifications of the candidates; and that the First respondent did not own a god own on the date of filing of the application which was the determinative factor for grant of the dealership and the appellant fulfilled the said criteria and hence was entitled thereto. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1077 |
Petitioner | Swapan Kumar Pal |
Respondent | Achintya Kumar Nayak And Ors. |
SCR | [2007] 11 S.C.R. 428 |
Judgement Date | 2007-10-12 |
Case Number | 4865 |
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