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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
Ranjeeta Kumari W/o Sh. Tridev Singh, D/o Dhirendra Nath Roy - Appellant
Versus
Bharat Petroleum Corporation Limited - Respondent
Civil Writ Jurisdiction Case No.585 of 2021
Decided on : 24-12-2021
Government Contract-LPG Distributorship-Cancellation of candidature of petitioner for LPG distributorship-Petitioner's husband / petitioner are LPG distributor under open category-Since advertisement in question was for allotment of RO dealership under Corpus Fund Scheme, petitioner, has rightly been held to be ineligible for allotment of RO dealership under the CFS category-Impugned decision of respondent Corporation, whereby and whereunder candidature of petitioner has been cancelled is in consonance with guidelines contained in Brochure pertaining to Selection of Dealers for Regular and Rural Retail Outlets dated 24.11.2018-Writ Petition dismissed. (Paras 9 and 10)
(2014) 15 SCC 601-Referred.
JUDGMENT :
The present writ petition has been filed for quashing the letter dated 18.08.2020, issued by the Respondent No. 2 i.e. the Head of Territory Officer, TM Retail Barauni, Barauni TOP, Paprour, District-Begusarai whereby and whereunder the candidature of the petitioner, who had applied for award of RO dealership at Raniganj to Araria on NH 327E, District-Araria under the SC category, in pursuance to an advertisement dated 25.11.2018, has been cancelled. The petitioner has further prayed for directing the Respondents to award RO dealership in question to the petitioner.
2. The brief facts of the case, according to the petitioner are that an advertisement dated 25.11.2018 was issued by the Respondent-Bharat Petroleum Corporation Limited for award of RO dealership at various places in-between Raniganj to Araria on NH 327E, District-Araria. The petitioner had applied for award of RO dealership at Raniganj to Araria at NH 327E, District-Araria under the SC category on 22.12.2018, whereafter the petitioner was found to be an eligible candidate, hence he was asked to produce the requisite documents and the Land Evaluation Committee had visited the site on 30.7.2019. In fact, vide letter dated 06.12.2019, fresh date was fixed for carrying out field verification i.e. on 16.12.2019. It has also been stated by the petitioner that after the Land Evaluation Committee had visited the site, he was advised to seek clarification from NHAI on the point as to whether the land offered by the petitioner is meeting the NHAI norms or not, since it was the observation of the Land Evaluation Committee that there are multiple village roads, interjecting National Highway within 300 meters of the offered plot. However, it is the case of the petitioner that the National Highway Authority of India has clarified that there is no other road within 300 meters of the offered land of the petitioner. It is submitted that though the petitioner is a member of scheduled caste category, but she has solemnized inter caste marriage with one Sri Tridev Singh, who is also an LPG distributor.
3. The learned counsel for the petitioner has referred to Clause 3 of the Brochure relating to Selection of Dealers for Regular and Rural Retail Outlets dated 24.11.2018, which is reproduced herein below:-
The type of sites will be decided by the Oil Companies and the same would be:-
| S.No. | Type of Site | Status of Land & Facilities |
| i. | Location under Corpus Fund Scheme (CFS sites) | The offered land would be taken on lease/purchased and fully developed as Corporation owned site. |
| ii. | Other Corporation Owned Sites (“CC"/“A” sites) | The offered land would be taken on lease/purchased and fully developed as Corporation owned site. |
| iii. | Dealer Owned site (“DC”/“B” sites) | The offered land and the super structure will be developed by the dealer. Pump, tank, automation, signages, etc. will be provided by the Corporation. |
All locations rostered as SC/ST category will be developed as per (i) above.”
4. The learned counsel for the petitioner has also referred to Clause 10 of the said Brochure, which is reproduced herein below:-
A. Individual Applicants:
The persons while meeting the above mentioned eligibility criteria if do not satisfy any of the following requirements will be considered as ineligible for applying for the dealership:-
(i) Fulfill Multiple dealership norms: Multiple Dealership norms as mentioned below will be applicable for existing and future “A”/“CC” site RO dealerships.
Multiple Dealership norms means that the applicant or any other member of his/her ‘family unit’ should not hold a Corporation owned “A”/“CC” site RO/SKO-LDO dealership or RO/SKO-LDO dealerships/LPG distributorships develop
'Family Unit' in case of married person / applicant, shall consist of individual concerned, his/her Spouse and their unmarried son(s) / daughter(s). In case of unmarried person/ applicant, 'Family Un....
Arbitrariness, illegality, and irrationality in the decision-making process of a government entity, and the application of Article 15(3) of the Constitution for special provisions for women.
Point of Law : Applications for selection of regular LPG distributorships were invited in April, 2011 by BPCL. One of the eligibility criteria was that the applicant should own a plot of land of adeq....
The conformity letter from an advocate plays a crucial role in determining the eligibility of the offered land and the applicant's title to it, and the rejection based solely on the conformity letter....
The specific eligibility criteria in a tender or advertisement must be strictly complied with, and the terms of the advertisement or brochure must be given meaning and necessary significance.
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