JUDGMENT :

(Prayer: Writ petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of declaration to declare the entire selection process for award of Rajiv Gandhi Gramin LPG Vitharan (RGGL.V) Distributorship at Tholasampatti Village, Omalur Taluk, Salem District conducted by the Indian Oil Corporation by inviting applications under open category in pursuance to papers advertisement in “Thinathanthi” dated 28.12.2011 as far as serial No.85 is concerned as null and void.

Writ petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings and consequential proceedings of the 2nd respondent dated 19.05.2012 and 06.07.2012 respectively and quash the same and thereby direct the respondents to consider the petitioner's representation dated 02.08.2012 and thereby direct the respondents to issue interview letter to the petitioner so as to enable the petitioner to participate in the interview/draw to be held on 17.08.2012 for selection of award of RGGLV Distributorship at Tholasampatti Salem District under open category on 28.12.2011.)

W.P.No.34240 of 2012

1. The writ on hand is filed to declare the entire selection process for award of Rajiv Gandhi Gramin LPG Vitharan (RGGL.V) Distributorship at Tholasampatti Village, Omalur Taluk, Salem District conducted by the Indian Oil Corporation by inviting applications under open category in pursuant to paper advertisement in “Thinathanthi” dated 28.12.2011 as far as serial No.85 is concerned as null and void.

2. The petitioner is also one of the aspirant and participated in the process of selection for award of LPG distributorship under the Scheme at Thulasampatti Village, Omalur Taluk, Salem District conducted by the Indian Oil Corporation by inviting applications under open category.

3. The learned counsel for the petitioner contends that based on the false residents certificate, the candidates are proposed to be selected. During the relevant point of time, when the writ petition was filed and more specifically, the fourth respondent is now declared as selected for LPG distributorship at Thulasampatti Village, Omalur Taluk. It is contended on behalf of the petitioner that these short listed candidates for selection are not fully qualified one way or the other and more specifically they are not the resident of the same village as per the terms and conditions stipulated in the notification. The petitioner is aware of the fact that these short listed candidates are not ordinarily residing in Thulasampatti Village and their names are not found in the voters list at Thulasampatti Village. Submitting all these records, the petitioner raised an objection for selection of those candidates including the fourth respondent. However, in respect of 4th respondent, the voters list has not been submitted. However, it is contended that the resident certificate produced is not genuine and the fourth respondent is the resident of Maramangalam Village, Salem District. When the petitioner has stated that the fourth respondent is residing in Maramangalam Village and the resident certificate produced by the fourth respondent is not genuine, the authorities have not conducted a thorough enquiry and based on mere verification, it seems that he was selected. However, by virtue of an interim order granted by this Court, he is not permitted to carry on the distributorship as per the tender notification.

4. The learned counsel for the petitioner reiterated that the fourth respondent is a practising Advocate at Madras. As per Clause 6 of the brochure for selection of “Rajiv Gandhi Gramin LPG Vitharan (RGGL.V) Distributorship”, a person selected for RGGLV should personally manage the operation of RGGLV. He/she will not be eligible for taking up any other employment. If the selected person is already employed he/she will have to resign from the employment and produce the letter of acceptance of