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2009 Supreme(Pat) 487

PATNA HIGH COURT
Navaniti Prasad Singh, J.
Niraj Kumar, S/o-baijnath Prasad
Versus
Indian Oil Corporation Ltd.
Civil Writ Jurisdiction Case No. 7445 of 2008
Decided On : MARCH 26, 2009

Documents submitted at the time of application are the basis for evaluation, subsequent documents cannot be considered.

Headnote:

Appointment - LPG Gas Distributorship - [Indian Oil Corporation Act, Section 5(1)(a); Guidelines for Appointment of LPG Distributors, Section 3] - The court discussed the guidelines for appointment of LPG distributors and emphasized that the documents submitted at the time of application are the basis for evaluation, and subsequent documents cannot be considered. The court also clarified the definition of residence and upheld the validity of the residence certificate presented by Respondent No. 5.

Fact of the Case:

The petitioner sought appointment for distributorship of LPG Gas under the Indian Oil Corporation. After being empanelled as the first candidate, the petitioner did not receive the letter of intent for almost one and a half years. Meanwhile, another candidate challenged the selection process. The court dismissed the writ petitions on the grounds of non-compliance with guidelines and prematurity, but directed the respondents to consider the petitioner's documents for land evaluation.

Finding of the Court:

The court found that the petitioner's grievance regarding the evaluation of land documents was not valid as the documents submitted at the time of application were the basis for evaluation. The court also upheld the validity of the residence certificate presented by Respondent No. 5.

Issues: Validity of land document evaluation, Validity of residence certificate

Ratio Decidendi: Documents submitted at the time of application are the basis for evaluation, subsequent documents cannot be considered. A person can have multiple residences, and a residence is a place where a person resides.

Final Decision: The writ petition was dismissed as it lacked merit.

JUDGEMENT

1. The petitioner was a candidate for seeking appointment for distributorship of LPG Gas under the Indian Oil Corporation Limited for Lalganj in the District of Vaishali. The advertisements were issued pursuant to which interviews were held in December, 2003. Petitioner was empanelled as the first candidate and one Alok Ranjan Singh who is now Respondent No. 5 in the present writ application was empanelled as the second amongst the others. For almost one and half years thereafter when the petitioner did not receive letter of intent for establishing the distributorship, he filed a writ petition being C.W.J.C. No. 7462 of 2005 for issuance of direction to the Indian Oil Corporation to proceed further in the matter. While the said writ petition was pending, the said Alok Ranjan Singh who was the second empanelled candidate filed C.W.J.C. No. 10713 of 2006 challenging the selection of petitioner as the first empanelled candidate.

2. It appears that the two writ petitions were taken up together and ultimately disposed of by order dated 28.1.2007 (Annexure-1 to this writ petition). In the said writ application Indian Oil Corporation which is Respondent No. 1 appeared and filed counter affidavit in which they stated that it has been brought to their notice that the marks as awarded in the Interviews were not as per the guidelines prescribed. The Corporation as such took a decision to cancel the interviews. They then conducted a second round of interview. The result of which were awaited.

3. In view of this, the aforesaid two writ petitions were dismissed. First on the ground that the panel so constituted was not in accordance with the guidelines and the second being premature as the results of the second interview were still awaited. But while dismissing the writ petition, a grievance of the learned counsel for the first writ petitioner, petitioner before this Court was noticed with regard to evaluating certain papers with respect to land. The grievance was made that petitioner had produced certain documents with regard to purchase of land which were not likely to be referred to by the interview Board. This Court only directed the Respondents to look into this matter and only on proper consideration of petitioners documents, final results be published in accordance with law.

4. Final results having been published, now petitioner was empanelled much below in sixth position and the said Alok Ranjan Singh who is Respondent No. 5 in the present writ petition was empanelled as the first candidate.

5. This being the position petitioner has now challenged the selection process and the results as published.

6. Mr. N.K. Agrawal learned senior counsel appearing on behalf of the petitioner submits that the mistakes which were committed by the Interview Board on the first occasion have been repeated by the second Interview Board again. Elaborating this, he has submitted that the first Interview Board had not taken into account certain papers with regard to purchase of land which grievance was noted while disposing of the first writ petition itself. The second Interview Board also ignored the same. Thus the process stood vitiated. The second ground taken was that Respondent No. 5 is not the resident of Lalganj rather he is resident of Patna.

7. Heard the parties. With the consent of the parties, as pleadings are complete, the writ petition is disposed of at this stage itself.

8. So far as first point is concerned, initially it appeared to attract the attention of this Court. But on greater scrutiny it merits no consideration. It is not in dispute that when petitioner originally filed his application in respect of the land in question, he had given papers only showing to be lessee of the land. At the time of first interview when he was asked to produce original papers in support of paper submitted at the time Of application, he had produced paper showing purchase of land. He wanted the Interview Board to take into consideration the owners





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