IMPORTANT POINT
Selection made after accepting an application after due verification and proper interview cannot be unsettled on flimsy grounds.

JUDGMENT

V. Gopala Gowda J. –

Leave granted.

2. The present appeal arises out of the impugned judgment and order dated 21.07.2009 passed by the High Court of Judicature at Allahabad in W.P. No. 5199 of 2007 whereby the High Court dismissed the writ petition filed by the appellant on the ground that the orders dated 27.7.2006 and 26.12.2006 passed by the respondents do not suffer from any infirmity, illegality or error in law and they are perfectly justified and in accordance with the guidelines prescribed in this regard and therefore the same do not require interference by the High Court.

3. The facts in brief are stated hereunder:

The Hindustan Petroleum Corporation Limited issued an advertisement in the newspaper “Amar Ujala” dated 20.7.2005 inviting applications for opening its retail outlet in the said location in the category of open- W(women) by 22.8.2005, and in pursuance of the above advertisement, the appellant submitted an application on 18.8.2005 along with all the relevant documents and demand draft of Rs.1,000/- for grant of retail outlet. Thereafter, the team of the Corporation visited the appellant’s site and submitted its report to the office. The Corporation after being satisfied with the location of the land, called the appellant for an interview vide letter dated 10.2.2006 and she appeared for the interview on 3.3.2006 before the selection committee constituted by the respondent. On the same day, a list was displayed on the notice board in which the appellant’s name was first on the list and she was shown as selected. The appellant was waiting for a letter of intent but then on 7.8.2006 she received a registered letter dated 27.7.2006 issued by the Deputy General Manager in-charge North Zone, wherein it was mentioned that the respondents decided to set aside the entire interview and selection and called for a fresh interview to be conducted. The appellant got 35 marks awarded for ‘Land and infrastructure’ as indicated in the letter dated 27.7.2006 but it was mentioned that the selection committee wrongly awarded 35 marks as zero marks should have been awarded for land because no consent was obtained from the owners of the land.

4. Aggrieved by the same, the appellant filed Writ Petition No.5199 of 2007 praying for a writ of certiorari to quash the orders dated 27.7.2006 and 26.12.2006. The relief of writ of mandamus has also been sought to direct the respondents for issuing a letter of intent to the appellant in pursuance of her selection dated 3.3.2006 for retail outlet dealership at Islam Nagar-Bisauli Marg, and further to direct the respondents to issue necessary HSD and MSD for her retail outlet dealership. Prior to this, the appellant filed W.P No. 56740 of 2006 praying for quashing of order dated 27.7.2006. The High Court, vide order dated 12.10.2006, directed the appellant to file a fresh comprehensive representation along with the certified copy of the order as well as a complete copy of the writ petition with all Annexures before the concerned competent authority within two weeks from the date of the order and on such a representation being filed as stipulated, the concerned competent authority shall decide the same within eight weeks of the receipt of the representation by means of a reasoned order. Subsequent to this, vide order dated 26.12.2006, the respondent-Corporation constituted a review committee and stated that the land held by the appellant is jointly held in her husband’s name along with four others and consent letter from her husband and his father have been obtained, but not from the other owners. Accordingly, the appellant’s representation was held to be disposed off in compliance of the order of the High Court dated 12.10.2006. The appellant being aggrieved by the aforesaid orders has filed the present appeal, urging certain legal and factual grounds.

5. The learned counsel for the appellant has contended that the decision to cancel the selection of the appellant is void for breach of pri