Eligibility criteria for dealership applications must be strictly adhered to, and non-rectifiable deficiencies cannot be amended post-selection.

ORDER :

(UMESH A. TRIVEDI, J.)

1. By way of this petition, the petitioner challenges under Article 226 of the Constitution of India a communication dated 11.07.2024, whereby his candidature has not been found to be eligible for RO Dealership on the basis of documents submitted by him for the reason that, ‘PAN card no. mismatch’, PAN card number shown in application form is not matching that PAN card copy submitted by the applicant.

2. The petitioner, pursuant to an advertisement brochure for selection of dealers for Regular and Rural Retail Outlets issued in June, 2023, applied for a Retail Outlet Dealership within 5 Kms of Petrol pump Chokdi, Chhotaudepur towards Surkheda on NH-56, Serial number of location in the advertisement to be 1103, which is submitted on 25.09.2023. Thereafter, as per the selection process through draw of lots, petitioner was provisionally selected for the Retail Outlet Dealership, as aforesaid. Therefore, petitioner was advised to submit Initial Security Deposit and specify documents through a communication dated 19.06.2024.

However, vide communication dated 11.07.2024, which is under challenge in this petition, petitioner came to be informed that his candidature has not been found to be eligible as there was PAN card number mismatch in the application form.

3. Heard Mr. Bhargav Hasurkar, learned advocate for the petitioner.

3.1 According to his submission, through inadvertent mistake in an application form, one letter is incorrectly mentioned in the PAN card details being mentioned as “AHJPR2908P”, whereas his correct PAN card number is “AGJPR2908P”

3.2 According to his submission, while mentioning the PAN card number in the online application form, since the letters “G” and “H” are just adjacent to each other in the keyboard, it is an inadvertent mistake created in the application form. Therefore, he has submitted that, it is not the case that he does not possess any PAN card or he has obtained a fake PAN card. It is only an inadvertent mistake in narrating the number of it as a detail of PAN card in the application form, and therefore, his provisional selection for Retail Outlet Dealership could not have been cancelled on that ground.

3.3 Drawing attention of the Court to page 42 of the compilation, and more particularly, from the list of documents required to be uploaded/submitted by the provisionally selected applicant, depending on the category of location, it is stated that, for Proof of age (date of birth), even PAN card is shown to be a document, which can be produced, over and above the other documents which can be submitted. Therefore, he has submitted that details of PAN card number or even production thereof has nothing to do except ascertaining the date of birth of the applicant, who applies for the Retail Outlet Dealership.

3.4 He has further submitted that clause 23 of the brochure reflects list of Non-rectifiable deficiencies in application and at sub-clause (n), PAN No. mismatch/Incorrect PAN No./PAN No. does not belong to the applicant is mentioned, but at the bottom of the list, according to the submission of learned advocate for the petitioner, submission of rectified or additional documents, if they are pertaining to the information provided in the application form, is stated to be acceptable to the respondent. Therefore, it is submitted that, for the inadvertent mistake, after provisional selection, when documents are produced in proof of birth date being PAN card, it should be accepted by the respondent and in view thereof, impugned communication holding petitioner ineligible for Retail Outlet Dealership should be quashed and set aside.

3.5 In support thereof, Mr. Bhargav Hasurkar, learned advocate for the petitioner, has also placed reliance on a decision of the Division Bench of this Court in the case of MHS Infra Tech Pvt. Limited v. State of Gujarat, reported in AIR 2016 Gujarat 16, more particularly paras 8, 9 and 10 thereof, to submit that disqualification of the petitioner therein