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IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Thangjam Premavani Chanu - Appellant
Versus
Bharat Petroleum Corporation Limited & Anr. - Respondents
WP(C) No. 50 of 2020
Decided On : 23-08-2022
OBC Certificate - Retail Outlet Dealership - [BPCL Act, Section 4(1)(b); BPCL Act, Section 6(2)(a)] - The court discussed the validity of the petitioner's OBC certificate and its loss, the field verification process, and the arbitrary cancellation of the petitioner's candidature. The court set aside the cancellation and directed the respondent authorities to consider awarding the retail outlet dealership to the petitioner upon production of the OBC certificate.
Fact of the Case:
The petitioner applied for a retail outlet dealership under the OBC category, but her candidature was cancelled due to the loss of her original OBC certificate. The petitioner challenged the cancellation through a writ petition.
Finding of the Court:
The court found that the petitioner was in possession of a valid OBC certificate at the time of application, and the cancellation of her candidature was arbitrary. The court directed the respondent authorities to consider awarding the dealership to the petitioner upon production of the OBC certificate.
Issues: Validity of OBC certificate, Arbitrary cancellation of candidature, Field verification process
Ratio Decidendi: The petitioner's possession of a valid OBC certificate at the time of application and the arbitrary cancellation of her candidature influenced the court's decision to set aside the cancellation and direct the respondent authorities to consider awarding the dealership to the petitioner upon production of the OBC certificate.
Final Decision: The writ petition was allowed, the impugned letter and advertisement were quashed, and the respondent authorities were directed to consider awarding the retail outlet dealership to the petitioner upon production of the OBC certificate. The petitioner was also directed to produce a copy of the OBC certificate obtained after the impugned order within ten days for further processing.
JUDGMENT
1. By this writ petition, the petitioner seeks to quash the impugned letter dated 24.11.2019 whereby the candidature of the petitioner was cancelled and also the advertisement dated 19.1.2020 calling for application for appointment of retail outlet in respect of the location Within 3 KM from Sainik School Imphal towards Lamlong Bazaar under OBC category. The petitioner also sought direction on the respondents to award retail outlet (petrol pump) dealership to her at the location within 3 KM from Sainik School Imphal towards Lamlong Bazaar under OBC category.
2. The case of the petitioner is that pursuant to the advertisement dated 25.11.2018 inviting applications for appointment of 59 retail outlet dealers at various locations in the State of Manipur, the petitioner submitted an application along with necessary application fee on 20.12.2018 in the OBC category for awarding retail outlet dealership located at Within 3 KM from Sainik School, Imphal towards Lamlong Bazaar on Imphal-Pangei Road, District Imphal East. According to the petitioner, the mode of selection is by draw of lots and lot was held on 20.02.2019 and the petitioner was selected. The second respondent informed the petitioner that based on draw of lots for selection, she is declared as selected and requested the petitioner to remit online Rs.40,000/- towards initial security deposit and also to submit necessary documents along with OBC certificate. The petitioner had also paid the amount of Rs.40,000/- and submitted necessary documents. After receiving the aforesaid documents, the BPCL's Land Evaluation Committee visited the site and also verified the area of the land by taking measurement and informed the petitioner about the suitability of the land for location of the retail outlet dealership.
3. Further case of the petitioner is that the original OBC certificate dated 22.12.2018 was lost on the way in between Koirengei and Mantripukhri, for which she has lodged a complaint before the Heingang Police Station to trace out the lost original OBC certificate. The petitioner also informed the second respondent about the loss of her original OBC certificate and also the complaint made in that regard. Since the original OBC certificate was lost, the petitioner could not produce her original OBC certificate at the time of field verification made by the officers of BPCL. However, the petitioner has produced her original OBC certificate issued earlier to show the factum that she is an OBC certificate and she does not belongs to the Creamy Layer category. But the officers of BPCL insisted the petitioner to produce the original OBC certificate dated 22.12.2018 as a copy of the said certificate was submitted by the petitioner earlier. Thereafter, the second respondent wrote a letter informing the petitioner that her candidature stands cancelled, as she was not in possession of the caste certificate on the date of application as declared in the application. Challenging the same, the petitioner has filed the present writ petition.
4. The respondents 1 and 2 filed affidavit-in-opposition stating that the petitioner in her letter dated 22.11.2019 admitted that her OBC certificate dated 22.12.2018 was misplaced and in the contrary, in her application dated 20.12.2018, she misrepresented to the respondents that she was in possession of the certificate even before it was issued. This particular aspect leaves no doubt that the petition claiming for her cause is unfounded and untrue. When the officials of BPCL made field visit, the petitioner was not in a possession of the caste certificate on the date of application and, accordingly, her candidature stood cancelled. Therefore, the petitioner has no right to challenge the cancellation letter and, thus prayed for dismissal of the writ petition.
5. Assailing the impugned letter and the advertisement for appointment of retail outlet dealership of Within 3 KM from Sainik School Imphal towards Lamlong Bazaar under OBC category, Mr. T
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