IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Meena Kumari @ Mina Kumari - Petitioner
Versus
Indian Oil Corporation Limited & Ors. - Respondents
W.P.(C) No. 2027 of 2020
Decided On : 31-03-2023
Quashing - Retail Outlet Dealership - Group-2 - [Brochure] - [Group-1, Group-2, Group-3] - The court discussed the classification of applicants into Group-1, Group-2, and Group-3 for the award of retail outlet dealership as per the 'Brochure' issued by oil marketing companies. It emphasized the eligibility criteria and the procedure for offering suitable land under each group. The court highlighted the petitioner's initial selection under Group-2, subsequent relegation to Group-3 due to incorrect information in the application form, and the opportunity given to offer suitable land within a specified time frame.
Fact of the Case:
The petitioner applied for a retail outlet dealership under Group-2, was initially selected, but later relegated to Group-3 due to incorrect information in the application form. She failed to avail the opportunity to offer suitable land within the stipulated time. The court dismissed the writ petition seeking quashing of the communication rejecting her candidature.
Finding of the Court:
The petitioner's relegation to Group-3 and subsequent rejection of her candidature were upheld by the court. The court found that the petitioner failed to justify her non-availment of the opportunity under Group-3 and emphasized the terms of the application form regarding withdrawal of the dealership in case of untrue or incorrect information.
Issues: Incorrect information in application form, Relegation from Group-2 to Group-3, Failure to avail opportunity under Group-3, Extraordinary writ jurisdiction
Ratio Decidendi: The court held that the petitioner's failure to avail the opportunity under Group-3 and the terms of the application form justified the rejection of her candidature. It emphasized the importance of accurate information in the application and the consequences of non-compliance with the terms of the application form.
Final Decision: The writ petition seeking relief under extraordinary writ jurisdiction was dismissed by the court.
JUDGMENT :
The present writ petition has been filed for quashing e-mail communication of the respondent no. 4 dated 17.02.2020 (Anneuxre-9 to the writ petition) whereby the petitioner was informed that the documents with respect to the offered land submitted by her along with application filed for grant of retail outlet dealership at ‘Between KM Stone of 140 to 143 of NH 39’ in the district of Palamau under SC category were not valid for consideration under Group-2 for the reason that the name of landowner was wrongly mentioned as well as Khata number was also missing in the details furnished by her in the format of said application and therefore her candidature was found ineligible mentioning in the said e-mail that her candidature might get considered for selection along with Group-3 applicants as per the guidelines. Further prayer has been made for issuance of direction upon the respondents to confirm the selection of the petitioner as dealer of the retail out (petrol pump) and to issue Letter of Intent (L.O.I.) in her favour under Group-2 as she was initially selected under the said category.
2. Learned counsel for the petitioner submits that a notice inviting application was published on 25.11.2018 by Indian Oil Corporation Ltd. (IOCL), Ranchi, Jharkhand for selection of retail outlet dealership for various locations in Jharkhand. Pursuant to the said notice, the petitioner applied on-line on 22.12.2018 under category "SC" for the location mentioned at Sl. No. 241 of the advertisement which was “between KM Stone of 140 to 143 (NH-39)” in Palamau district after entering into an agreement with the land owner with respect to the land appertaining to Khata No. 08, Plot No. 124, Mouza-Shahganj measuring an area of 170 ft. x 150 ft. which was notarised on 22.12.2018.
3. It is further submitted that at the time of filing online application, the petitioner had filled her name in one of the columns at Sl. No. 13 of the application format (Land details- Group-2) concerning the “Name(s) of owner of land/lease holder”. In another column i.e., “relationship with applicant”, the petitioner filled 'self'. There was another column as “Khesra No./Khatauni/Gut No/Survey no.” in which petitioner filled plot No. 124, but did not mention Khata number. Thereafter, the respondent no. 4, vide e-mail dated 10.06.2019, informed the petitioner that she was qualified for ‘draw of lots’ for selection of Retail Outlet (RO) dealership and she was asked to be physically present in ‘draw of lots’ scheduled to be held on 20.06.2019 at 13:10 hrs. The petitioner's name appeared in the result of ‘draw of lots’ and accordingly, the respondent no. 4, vide e-mail dated 21.06.2019, informed her regarding selection with respect to the retail outlet dealership for the said location.
4. The petitioner was also informed by the respondent no. 4 on the same day i.e., 21.06.2019 vide e-mail stating that she was declared as successful candidate in the ‘draw of lots’ and was directed to remit online Rs. 30,000/- towards ‘initial security deposit’ as well as to submit the required documents for processing her application for award of retail outlet dealership for the said location. Accordingly, the petitioner remitted Rs. 30,000/- online through debit card as well as submitted the required documents on 24.06.2019. Thereafter, she was informed by the Sales Officer, Palamau Area that she had mentioned plot No. 124 in the application form but Khata number was not mentioned in the same and therefore she was directed to submit an affidavit in this regard. Accordingly, the petitioner submitted the original copy of the required affidavit dated 11.09.2019 and submitted the same in the office of the respondents at Ranchi on the same day. Subsequently, the petitioner received e-mail dated 17.02.2020 sent by the respondent no. 4 mentioning that the land documents submitted by her were not valid for considering the offered land under Group-2 for the reasons that the land owner’s name was
Applicants must meet the eligibility criteria for the respective groups and submit necessary documents as per the requirement of the group applied for.
Point of Law : Candidature of petitioner under Group-1 was rejected/found ineligible with an observation that candidature of the petitioner would be considered for selection along with Group-3 applic....
Eligibility for dealership applications must strictly adhere to stipulated guidelines regarding land ownership and lease terms.
The court upheld the rejection of the petitioner's application for a retail outlet dealership due to failure to meet land suitability criteria as per the Brochure guidelines.
The importance of the offered land and the mode of selection by draw of lots among the categorized groups as per the brochure for selection of dealers of the respondent Corporation.
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....
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