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2024 Supreme(Pat) 136

IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
CWJC No.5239 of 2020
(1.3.2024)
Ajay Kumar Yadav ... Petitioner
vs.
Indian Oil Corporation Ltd. & Ors. ... Respondents

Advocates Appeared:
For the Petitioner: Mr. Sanjeet Kumar.
For the IOCL : M/s K. D. Chatterji, Sr. Adv., Amlesh Kumar Varma.

Headnote:

Government Contract – Petroleum Retail Outlet Dealership – Petitioner was selected in draw of lots on the basis of declaration and details given by him in application form – However, candidature of petitioner has been cancelled on the ground that petitioner has failed to abide by terms of selection – On the basis of scrutiny/Field Verification of Credentials, Indian Oil Corporation Limited has not considered candidature of petitioner valid under Group 1 category – Candidate is required to produce all original documents at the time of Field Verification of Credentials which were to be submitted after selection – Intimation regarding Field Verification of Credentials was given to selected candidate ten days in advance – IOCL has rightly rejected candidature of petitioner for grant of dealership under Group 1 category – Writ application dismissed. (Paras 10, 11, 15, 23, 27 and 28)

Anil Kumar Sinha, J. – The petitioner, being aggrieved by letter, dated 12.08.2019, issued under the signature of the Chief Divisional Retails Sales Manager (CDRSM), Divisional Office, Begusarai, Indian Oil Corporation Limited, by which the candidature of the petitioner for grant of retail outlet dealership (petrol pump) under Group-1, at location between Shivrampur Chowk and Peer Mazar on SH 98, has been cancelled, has filed this writ application.

2. The brief facts, giving rise to the present writ application is that pursuant to an advertisement, dated 24.11.2018, published by the Indian Oil Corporation Limited, the petitioner applied for grant of retail outlet dealership (petrol pump), at location between Shivrampur Chowk and Peer Mazar on SH 98, in the district of Katihar, under Group-1 category.

3. As per the terms of the selection, as mentioned in the brochure, the Group-1 category is classified as applicants having suitable piece of land in the advertised location/area either by way of ownership/long term lease for a period of minimum 19 years 11 months or as advertised by the OMC. The other condition with respect to the land as mentioned in the brochure is that a land owned by the family member(s) will also be considered as belonging to the application (Group-1), subject to producing the consent letter in the form of affidavit (Appendix III A) from the concerned family member(s). The eligibility of applicant with regard to the land (Group 1 or Group 2) will be decided by the company with reference to a confirmatory letter from an advocate (Appendix III B) to be arranged by the applicant.

4. The condition of selection mentioned in the application form is that in case, land belongs to member of Family/Others, notarized affidavit as per Appendix III A should be available which is to be submitted when asked by Indian Oil Corporation Limited. Each applicant should have a confirmatory letter from an advocate (Appendix III B) giving details of the current ownership, documents relied upon and the category under which the land falls (Group 1 or Group 2) before submitting the application form. The aforesaid condition is mentioned at Clause 13 of the application form.

5. Clause 4 (v) (k) of the brochure stipulates that each applicant will have to declare, in the application form, the category under which offered land falls. Supporting the above, confirmatory letter from an advocate (Appendix III B) giving details of the current ownership, documents relied upon and the category under which the land falls (Group 1 or Group 2), as on date of application, is also to be furnished as and when advised. The Group under which the applicant’s land falls, would be determined based on the declaration given in the application and confirmatory letter from the advocate regarding the same.

6. The Note appended to Clause 4 (V) (k) says that in case it is found at later stage that the offered land is not meeting any of the above conditions, then in such case, the offered land would be rejected and the candidate will be given opportunity along with applicants under Group 3 by intimation through SMS/e-mail.

7. Clause 4 (V) (m) of the brochure says that verification of the supporting documents submitted by the selected candidate, post selection, will be carried out at the time of scrutiny/Field Verification of Credentials.

8. Admittedly, the petitioner has applied under Group 1 category, claiming the land belonging to his mother. It is also admitted position that the petitioner has submitted the application form on 24.12.2018.

9. The other condition of selection process is relevant for decision of this case is Field Verification of Credentials, mentioned in Clause 15 of the brochure, which says that the Field Verification will be carried out for selected candidate in respect of details provided in application form. The objective of the Field Verification of Credentials is to verify the correctness of the details given by the candidates in the application and

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