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IN THE HIGH COURT OF ALLAHABAD
PRADEEP KUMAR SINGH BAGHEL, PRAKASH PADIA, JJ.
Nahar Singh - Appellant
Versus
Indian Oil Corporation and Others - Respondent
Writ-C No. 13633 of 2011
Decided On : 27-05-2019
Constitution of India, 1950 – Article 226 – Indian Oil Corporation Ltd. issued an advertisement in various newspapers including "Dainik Jagran" in its edition inviting applications for grant of retail outlet dealership for various locations – Petitioner challenging the order passed by the respondent no.2/General Manager, and for quashing of the result issued/published by respondent no.3/Dealership/Distributionship Selection Board, by which the respondent no. 5 has been declared successful for grant of retail outlet dealership – Appeal – Held, Respondent no. 2 is directed to obtain fresh report from the Revenue Authorities with regard to the fact that the respondent no. 5 was having requisite land on the last date of submission of application form – So far as the allegation of existence of canal is concerned, the respondent no. 2 is directed to conduct a spot inspection in presence of petitioner, respondent no. 5, Revenue Authorities and the officials of respondent-corporation to verify the fact that there did exist or there did not exist any canal in between the offered land by the respondent no. 5 and the road – The aforesaid exercise be completed within a period of 4 months from the date of receipt of certified copy of this order – It is made clear that the respondent corporation will take a decision only after providing opportunity of hearing to the petitioner as well as respondent no. 5 – Impugned order, in so far as it relates to the existence of canal is concerned, is set aside and only for the grounds mentioned above, the matter is remitted back – Another part of the impugned order with regard to the award of marks to the petitioner is affirmed – Petition is partly allowed. [Paras 38 to 40]
Facts of the case:
The facts as stated in the writ petition are that the Indian Oil Corporation Ltd. issued an advertisement in various newspapers including "Dainik Jagran" in its edition dated 11.9.2009, inviting applications for grant of retail outlet dealership for various locations. One of the location was Village Moojdeeh/Khemaipur on State Highway-5A, District Mirzapur under open category.
Findings of the case:
Respondent no. 2 is directed to obtain fresh report from the Revenue Authorities with regard to the fact that the respondent no. 5 was having requisite land on the last date of submission of application form – So far as the allegation of existence of canal is concerned, the respondent no. 2 is directed to conduct a spot inspection in presence of petitioner, respondent no. 5, Revenue Authorities and the officials of respondent-corporation to verify the fact that there did exist or there did not exist any canal in between the offered land by the respondent no. 5 and the road – The aforesaid exercise be completed within a period of 4 months from the date of receipt of certified copy of this order – It is made clear that the respondent corporation will take a decision only after providing opportunity of hearing to the petitioner as well as respondent no. 5 – Impugned order, in so far as it relates to the existence of canal is concerned, is set aside and only for the grounds mentioned above, the matter is remitted back – Another part of the impugned order with regard to the award of marks to the petitioner is affirmed.
Result: Petition is partly allowed
JUDGMENT :
PRAKASH PADIA, J.
1. Heard Sri Amrendra Nath Singh, learned counsel for the petitioner, Sri Tarun Verma, learned counsel for the respondent-Indian Oil Corporation and Sri Arvind Srivastava, learned counsel for the respondent no.5.
2. The present writ petition has been filed by the petitioner challenging the order dated 16.2.2011 passed by the respondent no.2/General Manager, Indian Oil Corporation Ltd. and for quashing of the result dated 4.6.2010 issued/published by respondent no.3/Dealership/Distributionship Selection Board, by which the respondent no. 5 has been declared successful for grant of retail outlet dealership. A further prayer was made to issue a letter of intent in favour of the petitioner for grant of retail outlet dealership.
3. The facts as stated in the writ petition are that the Indian Oil Corporation Ltd. issued an advertisement in various newspapers including "Dainik Jagran" in its edition dated 11.9.2009, inviting applications for grant of retail outlet dealership for various locations. One of the location was Village Moojdeeh/Khemaipur on State Highway-5A, District Mirzapur under open category.
4. The terms and conditions for applicants were mentioned in the advertisement. One of the conditions amongst other was that the candidates must have land measuring 35 meters x 35 meters in advertised location.
5. The petitioner has stated in the writ petition that he is exclusive owner and possession of plot nos. 31 & 33, area 10 Bigha in Village Khemaipur, situated at State Highway-5A. It is further stated that the said land is ancestor land and was being used for agricultural purposes. The petitioner in his application form had offered the aforesaid land of plot nos. 31 & 33, area 50 meter x 50 meter.
6. The candidature of the petitioner along with other candidates was considered and eligible candidates were called for interview, which was held on 4.6.2010 and the result was declared on the same day, i.e., on 4.6.2010. The petitioner was placed at Sl. No. 2, whereas, the respondent no. 5, namely Piyush Kumar Srivastava was placed at Sl. No. 1.
7. It is further mentioned in the writ petition that certain infirmities and illegalities were in the application form submitted by the respondent no. 5. The Dealership/Distributionship Selection Board has illegally considered the candidature of respondent no. 5 and has empanelled him at Sl. No.1. Being aggrieved with the aforesaid illegal action, the petitioner filed a complaint as contained in Clause 18 of the Brochure on 5.6.2010 but no action was taken by the respondent Authority, thus having no option, the petitioner filed a writ petition being Civil Misc. Writ Petition No. 36110 of 2010 (Nahar Singh v. Union of India and others) before this Court and this Court, vide its order dated 22.6.2010 disposed of the writ petition granting liberty to the petitioner to file a comprehensive representation raising all his grievances before the Authority concerned within two weeks from the date of order, i.e., 22.6.2010 and further direction was given to the Indian Oil Corporation Ltd. to pass appropriate order in the complaint/grievance filed by the petitioner, after giving the opportunity of hearing to the respondent no. 5.
8. It is further stated by the petitioner that in pursuance of the order dated 22.6.2010, the petitioner filed representations dated 14.7.2010 and on 12.10.2010.
9. The main grievance of the petitioner in his representation which has been annexed as Annexure-5 to the writ petition was that he has been discriminated in awarding marks under the head "Capability to Provide Infrastructure & Facility". 34.38 marks have been awarded to the respondent no. 5, whereas the petitioner has been awarded only 33.67 marks under the aforesaid head. The petitioner has also raised his grievance that he has obtained Ph.D. degree from Banaras Hindu University, as such he
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