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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANGAM KUMAR SAHOO, ALOK KUMAR SINHA
Binod Kumar Mishra S/o Sri Kamla Kant Mishra – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal challenges writ dismissal on dealership selection. (Para 2 , 3) |
| 2. suppression of pending case vitiates selection process. (Para 4 , 5 , 6 , 7 , 9) |
| 3. incomplete application violates clause 10 requirements. (Para 10) |
| 4. no ineligibility without charges or conviction; juvenile exonerated. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. advertisement and brochure prevail over application form. (Para 18 , 19 , 20 , 21) |
| 6. delay, laches bar relief despite potential infirmities. (Para 22 , 23) |
| 7. appeal dismissed; single judge order upheld. (Para 24 , 25) |
JUDGMENT :
ALOK KUMAR SINHA. J,
Heard the parties.
2. The present Letters Patent Appeal is directed against the judgment and order dated 13.12.2024 passed in CWJC No. 12241 of 2018, whereby the learned Single Judge has been pleased to dismiss the writ petition filed by the appellant.
The main ground of challenge is that the learned Single Judge has erred in holding that no irregularity was committed by the respondent Indian Oil Corporation Ltd. (IOCL) in selecting Respondent No. 10 for the dealership in question.
3. Learned counsel for the appellant submits that the genesis of the dispute lies in the advertisement dated 31.10.
Mere pendency of criminal case without framed charges does not disqualify under dealership advertisement Clause 4; advertisement prevails over application form; delay, investments bar relief; new ple....
Pending criminal charges do not disqualify candidates for dealership, especially for juveniles, unless formal charges are framed, emphasizing the protection of juvenile rights in selection processes.
The candidature in a selection process cannot be rejected based on developments occurring after the application submission deadline, reinforcing adherence to initial terms outlined by the governing g....
Misrepresentation in application for dealership leads to cancellation of allotment, emphasizing the importance of full disclosure in public sector dealings.
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....
Eligibility criteria outlined in the Vacancy Notification govern the selection process, with non-compliance resulting in rejection of applications. Principles of natural justice do not override estab....
A candidate must meet all eligibility criteria to have standing in challenging an administrative decision; mere dissatisfaction does not confer legal rights.
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 main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
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