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2008 Supreme(SC) 1656

S.B.SINHA, CYRIAC JOSEPH
Virender Chaudhary – Appellant
Versus
Bharat Petroleum Corporation – Respondent


Advocates appeared:
For the Appellant :K.K. Venogopal, Sr. Adv., Gopal Prasad, Deepak Sibal and S.K. Singh, Advocates.
For the Respondents:Mahabir Singh, Sr. Adv., Daya Krishan Sharma, K.K. L. Gautam, Shailendra Bhardwaj, Parijat Sinha, Ms. Reshmi Rea Sinha, S.C. Ghosh, Snehasish Mukherjee and Debapriya Samantra, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Respondent No.1 is a company incorporated under the Indian Companies Act, 1956. It is a State within the meaning of Article 12 of the Constitution of India. Its function, inter alia, is allotment of grant of LPG distributorship.

3. An advertisement was issued by the first respondent inviting applications for grant of LPG distributorship for different areas including the one for Ballabhgarh district, in terms whereof a person convicted for commission of any offence involving moral turpitude/economic offence and those against whom charges had been framed by the court were ineligible therefor. In the said advertisement dated 18.7.1998 published in a daily newspaper ‘The Tribune’ and ‘Dainik Tribune’ it was stated :

“2. Eligibility : The applicant should be:

XXX XXX XXX

5. Candidates convicted for any criminal offence involving moral turpitude/economic offences and those against whom charge has been framed by the Court (other than Freedom Struggle) are not eligible to apply.”

However, no distributorship was granted pursuant to the above advertisement. Later, advertisements were published in the year 002 for the purpose of grant
































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