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HIGH COURT OF GUJARAT
UMESH A. TRIVEDI, J,CMR
RATHAVA BACHUBHAI KHIMJI – Appellant
Versus
INDIAN OIL CORPORATION LTD. – Respondent
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 candidat
Eligibility criteria for dealership applications must be strictly adhered to, and non-rectifiable deficiencies cannot be amended post-selection.
Inadvertent clerical errors in applications do not constitute non-rectifiable deficiencies under dealer selection guidelines, allowing for correction without affecting material particulars.
The specific eligibility criteria in a tender or advertisement must be strictly complied with, and the terms of the advertisement or brochure must be given meaning and necessary significance.
Strict compliance with the specific eligibility criteria in advertisements/brochures is essential for eligibility in contractual matters.
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....
The court upheld the rejection of the representation based on the well-reasoned and speaking order provided by the respondents, considering various factors such as RBI Guidelines, Selection Guideline....
Candidates must possess all required documents, including the OBC certificate, on the date of application to be considered eligible for the dealership, as per the Brochure Clause 4(vi)(b).
Misrepresentation in application for dealership leads to cancellation of allotment, emphasizing the importance of full disclosure in public sector dealings.
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