CIVIL WRIT (CW) No.5086 of 2013

Smt. Priyanka Vyas vs.Indian Oil Corporation Ltd. & Ors.

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

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CIVIL WRIT (CW) No.5086 of 2013

PETITIONER:

Smt. Priyanka Vyas wife of Shri Yogesh Vyas, aged

about 25 years, by caste Brahmin, resident of Yug

Niwas, Near Pushtikar School, Inside Jalori Gate,

Jodhpur.

Versus

RESPONDENTS:

1.Indian Oil Corporation Ltd. through its Chairman and

Managing Director, having its registered office at C-9,

Ali Yawar Ganj Marg, Bandra (E), Mumbai-400 051

2.General Divisional Manager, Indian Oil Corporation

Limited, Adarsh Nagar, Ashok Chowk, Jaipur.

3.Senior Divisional Retail Outlet Manager, Indian Oil

Corporation Limited, Jodhpur Divisional Office,

Sector-12, Chopasani Housing Board, Jodhpur.

Date of Order: 20^th September, 2016

HON'BLE MR.SANGEET LODHA,J.

Mr.M.S.Singhvi, Senior Advocate with Mr.Vinit Dave,

for the Petitioner.

Mr.O.P.Mehta with Mr.V.D.Gaur, for the Respondents.

1.

This writ petition is directed against the

communication dated 22.2.13 of Senior Divisional

CIVIL WRIT (CW) No.5086 of 2013

Smt. Priyanka Vyas vs.Indian Oil Corporation Ltd. & Ors.

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Retail Outlet Manager, Indian Oil Corporation Ltd.

(“IOCL”), informing the petitioner that her application

for appointment as Service Provider for operation of

IOC-COCO Retail Outlet at location Bhagat Ki Kothi,

District Jodhpur, has been found ineligible for the

reason that the Clause 2 & 6 of the affidavit annexed

with the application as Appendix 'A' is not in format

prescribed for selection of Service Provider as available

on website of IOCL.

2.

The relevant facts are that the IOCL vide

advertisement published in the newspaper Rajasthan

Patrika, Jodhpur edition, dated 1.10.12, invited

applications for appointment of Service Provider for

operation of IOC-COCO Retail Outlet at location Bhagat

Ki Kothi, District Jodhpur. According to the petitioner,

she submitted the application in the format of the

application prescribed by the IOCL downloaded from its

website. It is submitted that the format was also

contained in the Brochure for selection of Petrol/Diesel

CIVIL WRIT (CW) No.5086 of 2013

Smt. Priyanka Vyas vs.Indian Oil Corporation Ltd. & Ors.

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Retail Outlet Dealers issued by IOCL, a copy whereof

has been placed on record as Annexure 2. The

petitioner also submitted an affidavit in the prescribed

format Appendix 'A' affirming that she is married and

her spouse, unmarried son and unmarried daughter

does not hold Letter of Intent for Retail Outlet or SKO-

LDO Dealership or LPG Distributorship of any oil

company. As per Clause 6 of the prescribed format, the

petitioner in her affidavit also affirmed that presently

she is not having contract with any oil marketing

company as a Service Provider/Job Contractor/Labour

Contractor for any COCO RO and further that if she is

selected as a dealer she would terminate this contract

before issuance of letter of appointment. The affidavit

submitted by the petitioner has been placed on record

as Annexure 6.

3.

Precisely, the case set out by the petitioner is that

the application as well as affidavit filed by her

alongwith the application clearly satisfies the

CIVIL WRIT (CW) No.5086 of 2013

Smt. Priyanka Vyas vs.Indian Oil Corporation Ltd. & Ors.

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requirements as laid down in the format Appendix 'A'

prescribed by the respondent-IOCL and thus, rejection

of the candidature of the petitioner has been made

upon an absolutely incorrect and bogus basis. It is

submitted that the purpose for issuing prescribed

format by the IOCL for selection of Service Provider is

to ensure that required true information be gathered

from a candidate in order to see that standards to be

maintained by the respondent Corporation are met and

satisfied