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IN THE HIGH COURT OF JUDICATURE AT PATNA
G.ANUPAMA CHAKRAVARTHY
Renu Kumari Wife of Shri Santosh Kumar Shekhar – Appellant
Versus
Union Of India through Secretary of Ministry of Petroleum Gas – Respondent
JUDGMENT :
G. ANUPAMA CHAKRAVARTHY, J.
1. The petitioner has filed the instant application for the following relief(s):
“For quashing the letter dated 18.07.2018 (contained in Annexure- 8) issued by the Territory Manager (L.P.G.) Patna Respondent no. 2 whereby and whereunder the candidature for Gramin L.P.G. Distributorship at location Chand Panchayat Chand, Block- Chand, District Kaimur (Bhabhua) has been cancelled and the amount of field verification of credential (F.V.C.) of Rs. 20,000/- Twenty Thousand deposited with the Corporation has also been forfeited rejecting the offer of alternative land other than the land offered in the application from though there is a provision in brochure of offering different land other than the land offered in the application.
(b) To pass such other order or orders as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”
2. The brief facts culled out of the writ petition is that the petitioner applied for an LPG distributorship under the "SC(W)" category at village - Chand Police Station and Block – Chand, District Kaimur (Bhabhua), in response to an advertisement dated 18.06.2017 issued by the Bharat Petroleum Corpor
Candidature cancellation for LPG distributorship was upheld due to failure to comply with submission deadlines, reinforcing the necessity of adhering to advertisement standards.
The rejection of an LPG distributorship application is valid if eligibility criteria related to land ownership, as per selection guidelines, are not met, and principles of natural justice are not vio....
The court affirmed that alternate land can be offered after the issuance of a Letter of Intent, even if not owned by the applicant at the application deadline, emphasizing judicial restraint in admin....
Adherence to specified eligibility criteria, particularly the requirement of a registered lease deed for the plot of land offered for LPG distributorship, is crucial for consideration of candidature.
The applicant must fulfill the eligibility criteria at the time of application, and decisions regarding forfeiture must be justified and not arbitrary.
The main legal point established in the judgment is the significance of meeting the eligibility criteria, particularly the requirement of ownership or registered lease deed for the plot of land offer....
Point of Law : Article 14 of the Constitution of India envisages only positive equality and it does not embrace any concept of negative equality.
The court established that timely action is crucial in seeking judicial relief under Article 226 of the Constitution, and failure to comply with eligibility requirements can lead to the dismissal of ....
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