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2011 Supreme(All) 1396

[2011(6) ADJ 340 (DB)]
ALLAHABAD HIGH COURT
BEFORE : AMITAVA LALA AND ASHOK SRIVASTAVA, JJ.
Smt. SUNITA SINGH ......Petitioner
Versus
HINDUSTAN PETROLEUM CORPORATION LTD. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 21194 of 2011, decided on 11th May, 2011)

Advocates:
Counsel :
Wasim Alam and Anil Kumar Tiwari for the Petitioner; Vikas Budhwar for the Respondents.

Headnote:Distributorship—Cancellation of—L.P.G. distributorship—Case of respondent-Corporation that petitioner does not come in purview of “family unit” as defined in Paragraph 4(e) of Brochure—There is Paragraph 15 in Brochure, which provides for consideration of grievance, or complaint by redressal system of oil company itself—In instant case, cancellation order was passed on 10.3.2011—And same was sent to petitioner through registered post on 15.3.2011—And in between two dates, news item was published on 11.3.2011—And subsequent selection was held on 14.3.2011 by selecting respondent-3, such exercise was contrary to interest of selected candidates—No specified time given to petitioner to explain as mentioned in order of cancellation dated 10.3.2011—Petitioner entitled to file her grievance before concerned redressal system within seven days for getting opportunity of hearing—Only after consideration of grievance of petitioner, authority to call upon respondent-3 to verify her record too, to evaluate her right over land—However, no letter of intent will be issued to candidate—In case of letter intent has already been issued, no letter of appointment will be issued for such period. [Paras 5, 9 and 10]

       

JUDGMENT

Hon’ble Amitava Lala, J.—In this writ petition, the petitioner has challenged the order dated 10th March, 2011, whereby her application for grant of LPG distributorship under the Rajiv Gandhi Gramin LPG Vitrak Scheme (hereinafter in short called as “RGGLV”) in respect of the place, known as Village Dharampur Vishunpur, District Mau, Uttar Pradesh, has been cancelled, and has further prayed for quashing the selection process held on 14th March, 2011 pursuant to the news item dated 11th March, 2011 in respect of such place, along with other incidental prayers.

2. Petitioner’s contention is that she was selected as first empanelled candidate for grant of LPG distributorship under the RGGLV in respect of the concerned place. However, after being successful in the respective process of selection, her selection was cancelled as per Paragraph 12.10 of the Brochure on Selection of Rajiv Gandhi Gramin LPG Vitrak (RGGLV) (hereinafter in short called as ‘’Brochure’). Therefore, let us go through the facts of the case to understand the position.

3. Briefly stated facts of the case, according to the petitioner, are that pursuant to the advertisement dated 17th October, 2009 for grant of LPG distributorship under the RGGLV the petitioner applied for the same in respect of the concerned place. Such application of the petitioner was accompanied with the required documents including extract of Khasra/ Khatauni in respect of the clear title over the land, which is to be used for construction of LPG cylinder storage godown. Such land, as proposed by the petitioner, is in the joint ownership of the petitioner’s husband and other family members. The petitioner’s husband is one of the co-sharers alongwith others of the said land and is recorded as such in the records. The husband of the petitioner and other co-sharers submitted their joint affidavit in favour of the petitioner that in case the petitioner is selected for distributorship and she constructs godown/showroom over such land, they will have no objection. Share of the petitioner’s husband in the land is more than the area required for the purpose of construction of LPG godown/showroom. The eligibility criteria of a candidate are the first step in the process of selection. As per the brochure, a Committee consisting of two officers of the concerned Oil Company will make scrutiny of the application and award marks to the applicants based on the information given in the application. Accordingly, the petitioner was awarded 81% marks and was declared qualified alongwith five other candidates for the purpose of participating in the further selection process. Thereafter, the petitioner was called upon by a letter dated 28th July, 2010 to participate in the draw on 20th August, 2010, wherein the petitioner has been selected. However, subsequently by the impugned order dated 10th March, 2011 her candidature has been cancelled on the ground of non-availability of land as per the requirement and thereafter selection has been made in favour of the respondent No. 3.

4. The petitioner has contended that at the time of eligibility test the title of the petitioner’s husband over the land was found clear alongwith other co-sharers, who submitted their no objection as per the requirement under the rules as unless she crosses the basic eligibility test, she is not supposed to face further process of selection. Therefore, when the petitioner was made eligible on the basis of the materials prior to the process of selection, she cannot be made ineligible subsequently. The petitioner further contended that a field verification was conducted as per Paragraph 12.9 of the brochure, but at that juncture it was not pointed out that petitioner’s husband has no clear title over the land. Apart from that, the order impugned was passed on 10th March, 2011 but before that neither any notice was given nor any opportunity of hearing was provided to the petitioner. Further selection was ordered on 10th March, 2011 wh















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