JUDGMENT :

1. Leave granted. Heard. The LPG distributorship at Phulera, Jaipur was advertised by the Appellants. The Dealer Selection Board, ('Board', for short) interviewed 30 eligible applicants. On the basis of marks awarded by the Board, a panel of the following three eligible applicants was published in the order of merit: (i) Mr. Naveen Gupta, (ii) the Respondent, and (iii) Mr. Laxmi Narain Kumawat. In pursuance of it, the distributorship was awarded to Naveen Gupta on 11.8.2001. The distributorship of Naveen Gupta was terminated on 7.4.2007 in pursuance of the order of this Court dated 12.1.2007 wherein this Court had accepted the report of the two-Judge Committee which found that the selection process selecting Naveen Gupta for allotment was as a result of extraneous considerations.

2. The Union of India issued a directive on 17.4.2007 to issue fresh advertisement for selection of LPG distributorship wherever this Court had directed cancellation. Feeling aggrieved, the Respondent herein who was at the second place in the panel prepared by the Board filed a writ petition before the Rajasthan High Court. According to him, if the dealership allotted to Naveen Gupta was vitiated,