Candidature cancellation for LPG distributorship was upheld due to failure to comply with submission deadlines, reinforcing the necessity of adhering to advertisement standards.

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 Corporation Ltd. (hereinafter called as the BPCL).

3. It is submitted by the petitioner that pursuant to the aforesaid advertisement, a draw of lots was conducted on 29.12.2017 for the advertised location, in which she was declared successful. Accordingly, the respondents, vide e- mail dated 30.12.2017, intimated the petitioner to deposit the requisite fee and submit documents for field verification of credentials (hereinafter called as FVC), in accordance with the Unified Guidelines for Selection of LPG Distributors. In compliance with the said direction, the petitioner deposited the required fee and submitted relevant documents as per the Brochure.

4. It is submitted that initially, the petitioner had given land bearing Khata/Plot No. 206/271 for the godown and showroom, which was proposed to be taken on lease. However, due to unavoidable circumstances, the lease deed for that plot could not be executed. Subsequently, the petitioner entered into a registered lease deed bearing Deed No. 84 dated 09.01.2018 for alternate land for a period of 16 years, and offered the same during the FVC conducted on 21.02.2018.

5. It is the contention of the petitioner that at the time of submitting these documents, the respondent officials orally assured her that the alternate land offered through the new lease deed would be acceptable and that there would be no issue in this regard. However, through letter dated 21.02.2018, the petitioner was informed that the offered land could not be accepted as the lease deed was registered after the last date of submission of applications, i.e., 14.08.2017, and that only land held on or before that date would be considered. She was further asked to provide alternate land within 15 km of the advertised location, failing which her selection would be cancelled.

6. Pursuant to the aforesaid communication, the petitioner submitted representations dated 04.04.2018 and 08.06.2018, requesting for acceptance of the land offered at the time of FVC, highlighting that the said land met all other requirements under the Brochure.

7. Nevertheless, the respondent authorities, vide impugned letter dated 18.07.2018 (Annexure-8) cancelled the petitioner’s candidature on the ground that the lease deed for the land offered was executed after the cut-off date of submiossion of application i.e., 14.08.2017 and the petitioner further failed to provide alternate land as required.

8. The Lear