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2017 Supreme(Mad) 329

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. SUBBIAH AND J. NISHA BANU, JJ.
K. Subbammal - Appellant
Vs.
The Senior Area Manager, Indane Area Office, Indian Oil Corporation Ltd., Madurai and Ors. - Respondents
W.A.(MD).Nos.1187 of 2014 & 1196 of 2014
Decided On : 17-03-2017

Advocates Appeared:
Mr. M. Ajmalkhan, Senior Counsel for Mr. S.T. Sasidharan Tamil Kani for Appellant in W.A.1187/2014 & R3 in W.A.1196/2014
Mrs. Hema Sampath, Senior Counsel for Mr. K. Muraleedharan, for Appellant in W.A.1196/2014 & RR1 to 3 in W.A.1187/2014
Mr. J. Parekh Kumar for R4 in W.A.1187/14 & for R2 in W.A.1196/2014
Mr. Issac Mohanlal, Senior Counsel for Mr. A. Robinson, for R5 in W.A.1187/2014 & for R1 in W.A.1196/2014

Headnote:

Eligibility - LPG Distributorship - [Indian Oil Corporation Act, 1959, Section 8(1)H, Article 226 of the Constitution, Karnataka State Industrial Investment & Development Corpn Ltd Vs. Cavalet India Ltd, (2005) 4 SCC 456, (2012) 12 SCC 106, (2003) 10 SCC 681] - The court discussed the eligibility criteria for LPG distributorship, the requirement to provide financial proof, and the authority's right to verify the information provided by the applicants. The court emphasized the importance of substantiating claims with adequate proof and highlighted that the court cannot sit as an appellate authority over administrative decisions unless there is an allegation of mala fide.

Fact of the Case:

The Indian Oil Corporation called for LPG Distributorship applications. The writ petitioner was empanelled as the first in the select list, but her candidature was rejected due to the inability to prove her husband's income. The court directed the Corporation to consider the representation of the 5th respondent by giving opportunity to all the parties. The Field Inspection Committee found that the income of the writ petitioner's husband could not be verified.

Finding of the Court:

The court found that the Corporation had the right to verify the genuineness of the particulars furnished in the application form and that the applicant must provide credentials to support their claims. The court emphasized that it cannot sit as an appellate authority over administrative decisions unless there is an allegation of mala fide.

Issues: The issues revolved around the eligibility criteria for LPG distributorship, the requirement to provide financial proof, and the authority's right to verify the information provided by the applicants.

Ratio Decidendi: The court emphasized the importance of substantiating claims with adequate proof and highlighted that the court cannot sit as an appellate authority over administrative decisions unless there is an allegation of mala fide.

Final Decision: The court set aside the impugned order passed by the learned Single Judge and allowed the Writ Appeals.

ORDER :

R. Subbiah, J.

Both the above writ appeals have been filed against the order dated 29.04.2014 made in W.P.(MD).No.14689 of 2011, wherein and whereby, the learned Single Judge of this Court has allowed the writ petition filed by Mrs. Gheetha (who has been shown as R5 in W.A.(MD).No.1187/2014 and R1 in W.A.(MD).No.1196 of 2014), by quashing the impugned proceedings of the General Manager of the Indian Oil Corporation Ltd., Marketing Division, Southern Region, Chennai, under Ref.No.TNL/5/221, dated 14.12.2011 declaring her as ineligible, and consequently, directing the officials of the Indian Oil Corporation Ltd., (appellants in W.A.(MD).No.1196 of 2014) to allot the Indane LPG distributorship (U/R) category at Kovilpatti to her.

2. The Writ Appeal in W.A.(MD).No.1196 of 2014 has been filed by The Indian Oil Corporation Ltd. The Writ Appeal in W.A.(MD).No.1187 of 2014 has been filed by the 5th respondent in the writ petition viz., K. Subbammal, who had been selected by the Indian Oil Corporation for the distributorship.

3. Since both the appeals arose out of the same order, they are disposed of by way of this common judgment. For the sake of convenience, the parties will be referred to as per their ranking in the writ petition.

4. The Brief facts which are necessary to dispose of these writ appeals, are as follows :

4-1. The Indian Oil Corporation has called for LPG Distributorship at Kovilpatti (U/R) Category open. Pursuant to the said notification, the writ petitioner Gheetha submitted an application to the 1st respondent, Senior Area Manager, Indane Area office, Indian Oil Corporation, Chokkikulam, Madurai. On the basis of the interview held from 17.06.2009 to 19.06.2009, the writ petitioner Gheetha was empanelled as First in the select list, based on (a) capability to provide infrastructure, (b)Capability to provide Finance, (c) Educational Qualification, (d) Age, (e) Experience, (f) Business ability, (g)Personality, with 98.57 marks. The 5th respondent K. Subbammal was placed as 2nd and the 4th respondent R.Geethanjali was placed as 3rd in the said select list.

4-2. Subsequently, the 4th respondent-Geethanjali, who was placed as 3rd in the list, had filed two writ petitions in W.P.(MD).Nos.5272 & 8324 of 2009, to consider her candidature under the Sub-Head of 'PROFESSIONAL' in the light of her educational qualification in MCA Degree under the category of professional/Technical instead of Sub-Head 'Basic'. The said two writ petitions were dismissed by this Court on 30.11.2009. The writ appeal in W.A.708 of 2009 filed by the said 4th respondent Geethanjali is pending before this Court.

4-3. While so, the 5th respondent Subbammal, who was placed as 2nd in the select list, had filed a writ petition in W.P.(MD).No.12004 of 2009 seeking to quash the proceedings dated 26.08.2009 issued by the Deputy General Manager, Public Information Officer, Marketing Division, Southern Regions, Chennai, with regard to the experience and the income details furnished by the writ petitioner Gheetha to the Indian Oil Corporation Ltd. The said writ petition was disposed of by this court on 28.01.2010, directing the Indian Oil Corporation Ltd to consider the representation of the said Subbammal by giving opportunity to all the parties. Pursuant to the said order dated 28.01.2010, the 1st respondent viz., Senior Area Manager, Indane Area office, Indian Oil Corporation, Chokkikulam, Madurai sent a letter to the writ petitioner Gheetha on 27.08.2010 to explain her financial status and income derived by her husband at the time of her application. The writ petitioner Gheetha sent her reply giving details of the income of her husband, which was duly received by the 1st respondent. On 29.10.2010, the 1st respondent vide his letter Ref.No.TNL/S/210, dated 13.01.2011, informed the writ petitioner that there are some discrepancies in the documents produced by her and requested her to clarify the said discrepancies within a week from the date of receipt of the l




















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