UPDESH KUMAR Vs. PRITHVI SINGH

JUDGEMENT

(1.) Leave granted.

(2.) These three appeals, filed by Updesh Kumar, Indian Oil Corporation Limited and Prithvi Singh respectively, arise out of a common judgment passed in R.S.A. No. 632 of 1999 and R.S.A. No. 3268 of 1999 by the High Court of Punjab and Haryana at Chandigarh. The dispute in all these appeals relates to the allotment of a retail outlet dealership by the Indian Oil Corporation Limited.

(3.) The facts of the case, in brief, are thus. Indian Oil Corporation Limited, on 21-1-1987, invited applications from physically handicapped persons/Govt. employees, who became disabled while on duty (excluding Defence personnel), for allotment of a retail outlet dealership in Faridabad district. One of the conditions of eligibility was that the applicant should not be less than 21 years and more than 50 years of age as on the date of application. The Oil Selection Board conducted interviews of the eligible candidates. Prithvi Singh (appellant in the civil appeal arising out of SLP (C) No. 5283/2000), was found eligible for allotment of the retail outlet. The second eligible candidate was one Mamta Rani while Updesh Kumar, the appellant in the civil appeal arising out of S.L.P. (Civil) No. 4217 of 2000, was the third eligible candidate. The letter of intent was issued by the Indian Oil Corporation in favour of Prithvi Singh on 23-11-1987. Mamta Rani filed a representation alleging that as Prithvi Singh had not completed 21 years of age as on the date of his application, the letter of intent issued in his favour was liable to be cancelled. Pursuant to this, the letter of intent granted in favour of Prithvi Singh was cancelled on 7-3-1988. Prithvi Singh, in turn, filed a writ petition before the High Court of Delhi challenging the cancellation of the letter of intent issued in his favour. The High Court set aside the cancellation order and directed the Oil Selection Board to reconsider the matter afresh after hearing Prithvi Singh and the complainant, Mamta Rani. Accordingly, in pursuance of the directions of the Delhi High Court, the Oil Selection Board considered the matter afresh and held that Prithvi Singh was more than 21 years old as on the date of his application. The letter of intent issued earlier was thus revived and Prithvi Singh then took appropriate steps to start the retail outlet.