IN THE HIGH COURT OF GAUHATI
MANISH CHOUDHURY, J.
Mustafa Kamal Hussain – Appellant
Versus
State of Assam and Others - Respondents
WP(C) No. 7705 of 2018
Decided on : 12-11-2021
Constitution of India, 1950 – Article 226 – Power of high court to issue certain writs – Judicial Review - Advertisement inviting applications for a particular job – In this writ petition preferred under article 226 of Constitution of India, the writ petitioner has challenged the action taken by the respondent-Hindustan Petroleum Corporation Ltd. authorities vide the impugned letter in respect of Liquefied Petroleum Gas (‘LPG’) distributorship under open category for the location, District, whereby, the candidature of the petitioner has been rejected – Held, It is a settled proposition that the authority which has issued the advertisement inviting applications for a particular job has the right to enforce the terms and conditions laid down for it rigidly – Participant has an enforceable right to the limited extient that in the matter of evaluation, his application be considered in a fair equal, transparent and non-discriminatory manner – Where a decision is found to be taken manifestly in consonance with the norms and criteria set down by the authority inviting applications, such a process shall not ordinarily be interdicted with – Procedure followed by the respondent-HPCL authorities after rejection of the candidature of the petitioner for re-draw of lots and selection of the successful candidate is also found to be as per the procedure laid down in the Unified Guidelines. In the case in hand, in considering the application of the petitioner for DKV type LPG, the respondent-HPCL authorities have not been found deviated from the procedure laid down in the Unified Guidelines – Writ petition dismissed.
JUDGMENT :
1. In this writ petition preferred under article 226 of the Constitution of India, the writ petitioner has challenged the action taken by the respondent-Hindustan Petroleum Corporation Ltd. (‘HPCL’ or ‘the Corporation’) authorities vide the impugned letter dated 22.9.2018 (Annexure-6 to the writ petition) in respect of Liquefied Petroleum Gas (‘LPG’) distributorship under open category for the location at Katahguri, District Nagaon, whereby, the candidature of the petitioner has been rejected. The petitioner has sought setting aside of the impugned letter dated 22.9.2018 and the results of the re-draw, published on 7.10.2018, wherein the respondent No. 8 had emerged as the successful candidate in the re-draw of lots for the location at Katahguri, District Nagaon (Annexure-10 to the writ petition).
2. The relevant background facts, leading to the institution of this writ petition, may be exposited as under
2.1 The 3 public sector oil companies, viz., (i) Indian Oil Corporation Ltd. (‘IOCL’); (ii) Bharat Petroleum Corporation Ltd. (‘BPCL’); and (iii) Hindustan Petroleum Corporation Ltd. (HPCL) published an advertisement jointly on 12.6.2018 inviting applications for LPG distributorships in respect of 66 Nos. of locations. Amongst the 66 Nos. of locations, serial No. 57 was in respect of the location - Katahguri, Gaon Panchayat-Katahguri, Sub-Division - Dhing, Part Batadraba, District Nagaon in the State of Assam. The type of LPG distributorship is Durgam Kshetriya Vitrak (‘DKV’). In the said advertisement, the said location has been reserved for open category.
2.2 The petitioner has stated that he had the requisite qualification and eligibility criteria to apply for LPG distributorship for the said location at Katahguri and in response to the said advertisement dated 12.6.2018, he applied on-line in terms of the advertisement vide his application bearing reference No. HPC12602115104072018. The petitioner received an e-mail on 31.7.2018 from the respondent No. 3, whereby, he was informed that he had been declared as the successful candidate in the draw of lots conducted on 30.7.2018 for selection of LPG distributorship for the location at Katahguri, District Nagaon. By the said letter, he was asked to deposit an amount of Rs. 40,000 in line with the provisions of the Unified Guidelines for Selection of LPG distributors (‘the Unified Guidelines’). The petitioner was also informed about a set of documents which he was required to be kept ready and the same would be verified during the Field Verification of Credentials (‘FVC’). The petitioner accordingly, deposited the amount of Rs. 40,000. The Field Verification of Credentials (‘FVC’) was carried out by the concerned Committee at the site on 29.8.2018 and after such verification, the Committee had opined that the land offered by the petitioner in his application did not fall under the advertised location and it would stand rejected. After the FVC, the petitioner received the impugned letter dated 22.9.2018, whereby, the petitioner was intimated by the Chief Regional Manager of the respondent-Corporation that upon scrutiny/field verification of the information submitted by the petitioner in his application, variance was found to the effect that the land offered by the petitioner for godown was outside the advertised location. The candidature of the petitioner was thereby rejected, and it was informed that the amount of Rs. 40,000 deposited with the respondent-Corporation stood forfeited in line with the terms and conditions of the advertisement. After rejection of the candidature of the petitioner, the respondent- HPCL authorities carried out a re-draw of lots amongst the remaining eligible candidates on 11.10.2018 after the publication of a notice in the newspaper about such re-draw of lots on 7.10.2018. After re-draw of lots, the results were declared and in the said re-draw of lots, the respondent No. 8 has been declared to be the successful candidate for award of LPG dist
Point of Law : Article 14 of the Constitution of India envisages only positive equality and it does not embrace any concept of negative equality.
In the absence of requisite foundational facts to seek disqualification or cancellation of the LPG distributorship awarded in favour of the respondent no. 6 it is not open for the petitioners to cont....
The main legal point established in the judgment is the significance of meeting the eligibility criteria, particularly the requirement of ownership or registered lease deed for the plot of land offer....
'Family Unit' in case of married person / applicant, shall consist of individual concerned, his/her Spouse and their unmarried son(s) / daughter(s). In case of unmarried person/ applicant, 'Family Un....
Selection process for LPG distributorship must comply with established guidelines; mere allegations without supporting evidence do not invalidate the selection.
Adherence to specified eligibility criteria, particularly the requirement of a registered lease deed for the plot of land offered for LPG distributorship, is crucial for consideration of candidature.
LPG distributorship – An order of cancellation of candidature of an applicant, which is subject matter of challenge in a court of law, has to be defended with reference to Advertisement and pleadings....
The applicant must fulfill the eligibility criteria at the time of application, and decisions regarding forfeiture must be justified and not arbitrary.
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