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JAGMOHAN BANSAL
Anju – Appellant
Versus
Indian Oil Corporation – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through the instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of letter dated 13.05.2019 (Annexure P-8), 31.05.2019 (Annexure P-9), 01.08.2022 (Annexure P-20) and 27.08.2022 (Annexure P-23) whereby candidature of the petitioner has been rejected.
2. The petitioner pursuant to advertisement dated 24.11.2018 vide application dated 23.12.2018 applied for allotment of retail outlet. The petitioner applied in Group-I and she was declared successful in draw of lots. The Land Evaluation Committee visited offered site and formed an opinion that land is not in conformity with guidelines of NHAI, thus, offered land is not suitable. The petitioner was asked to offer alternative land and she offered alternative land. The petitioner on the one hand offered alternative land and on the other hand requested NHAI to clarify factum of suitability and compliance of NHAI guidelines. The NHAI vide communication dated 23.01.2020 intimated the petitioner to forward proposal through Oil Company. The respondent-Corporation with the consent of petitioner shifted her to Group-III. The petitioner could not compete in Gro
The petitioner's insistence on pursuing alternative land without obtaining a NOC from NHAI for the initially offered land was impermissible.
The rejection of a Scheduled Tribe applicant's candidature for a Retail Outlet Dealership was quashed due to failure to provide the mandated extension period for document submission, emphasizing fair....
The court affirmed that alternate land can be offered after the issuance of a Letter of Intent, even if not owned by the applicant at the application deadline, emphasizing judicial restraint in admin....
The court affirmed that applicants must be provided an opportunity to rectify deficiencies in their land documentation before rejection of their dealership applications, emphasizing the principles of....
Eligibility criteria for dealership require land to be free of high tension electricity lines; non-compliance with guidelines results in automatic disqualification without rectification opportunity.
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