IMPORTANT POINT
The rejection of a Scheduled Tribe applicant's candidature for a Retail Outlet Dealership was quashed due to failure to provide the mandated extension period for document submission, emphasizing fairness in administrative processes.

JUDGMENT :

(Krishna Rao, J.)

Being aggrieved with the communication dated 19th January, 2022, issued by the respondent no.3 to the petitioner informing the petitioner that the candidature of the petitioner has not been found suitable for allotment of the Retail Outlet Dealership as the petitioner has not submitted NHAI clarification certificate as to the suitability of the land not submitted by due date, the petitioner has filed the present writ application.

2. The respondent no.1 company had published a notice for appointment of regular/rural retail outlet dealerships (Petrol Pump) on 25th November, 2018 in different locations in the State of West Bengal. As per the notice, the petitioner had submitted an application for allotment of Retail Outlet Dealership of Petrol Pump under category of Scheduled Tribes.

3. By a communication dated 15th January, 2019, the respondent no.3 informed the petitioner that the petitioner had not submitted offer for a suitable land for allotment of retail outlet and directed the petitioner to submit within three months failing which the application of the petitioner will be rejected. The petitioner had submitted the details of the land between Changpara and Salsalabari bazar on NH-27 (New).

4. On receipt of the details of the location of the suitable land, the respondent no.3 by a communication dated 19th July, 2019, informed the petitioner that on the basis of Draw of Lots for selection of Retail Outlet dealership held on 17th July, 2019, the petitioner has been declared as selected. On the same day, the respondent no.3 directed the petitioner to deposit Rs. 30,000/- towards the initial security deposit and also to submit the required documents as mentioned in the said letter within 10 days.

5. In between 25th July, 2019 to 15th January, 2020, the petitioner has submitted all the documents as required by the respondent no.3 from time to time and on 14th December, 2020, the Land Evaluation Committee visited the proposed site and by a letter dated 22nd December, 2020, informed the petitioner that during the land evaluation, it was observed that the proposed NHAI bypass construction is yet to be commenced and suitability of the proposed plot as per NHAI norms could not be determined as per existing site condition and the petitioner was advised to submit layout drawing of the proposed plot with respect to the proposed NH sketch map/DPR approved by any empanelled NHAI consultant. In the said letter, it was also informed to the petitioner that both sides of the proposed site up to a distance of 1 Km to be clearly demarcated by showing all road intersections, culverts, bridges, median cuts, service lane, railway crossing, over bridge etc. with respect to the proposed NH. The petitioner was directed to submit the same within 30 days from the date of receipt of the communication.

6. By a communication dated 11th February, 2021, the respondent no.3 again informed the petitioner that if the petitioner failed to obtain clarification from NHAI and submit the same to the respondent no.3 by 21st May, 2021, the offer of the petitioner is liable to be rejected. On 19th May, 2021, the petitioner by an e-mail requested the respondent no.3 that the NHAI Consultant, the respondent No.8 is at Lucknow and due to Covid-19 situation, the petitioner requested to allow the petitioner for some more time to submit the details with the help of Consultant. As the petitioner has not submitted NHAI clarification as to the suitability of the land, the respondent no.3 had rejected the candidature of the petitioner for allotment of Retail Outlet (Petrol).

7. Mr. Amlesh Ray, Learned Advocate representing the petitioner submits that the HPCL ought not to have declared the petitioner not found fit for non-submission of clarification from NHAI as to the suitability of the land. He submits that the HPCL only published a notice for allotment of retail outlet between Changpara and Salsalabari Bazar on NH-27 (New) as the HPCL had the know