SHARATH T. Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) PETITIONER has applied "for award of LPG distributorship at Challakere in Chitradurga District. After scrutiny of the applications, he was found to be eligible and was selected in the draw conducted on 30.01.2013. Subsequently, after field verification, petitioner's candidature has been rejected on the ground that as per the requirement stipulated in the brochure, minimum amount of Rs. 2.5 lakhs to be found in the account of the petitioner as balance on the last date of submission of the application was found in Nyayamitra Sahakara Bank Niyamita, which was not a scheduled bank. Aggrieved by this communication vide Annexure -B - letter dated 23.01.2014, petitioner has approached this Court.

(2.) LEARNED Counsel for the petitioner contends that petitioner was informed on 09.01.2013 as per Annexure -A after undertaking scrutiny of his application, that he was qualified for selection of distributorship and therefore, he was asked to be present personally along with photo identity card for draw at 2.30 p.m. on 30.01.2013 at Woodlands Hotel, Bangalore. He urges that had there been any deficiency and if the authorities had found that balance in Nyayamitra Sahakara Bank Niyamita, did not satisfy the requirement stipulated in the brochure, the respondent would have, in terms of Clause 8.5 of the brochure produced by the respondent along with the statement of objections vide Annexure -R2, called upon the petitioner to rectify the deficiency within a specified period of time. The fact that such communication was not sent to the petitioner implies that the said deficiency if at all any was not taken serious note and therefore, it was not open for the 1st respondent to subsequently at the time of field verification raise the said question and cancel the selection of the petitioner.

(3.) HE has also invited the attention of the Court to the decision of the Apex Court in the case of Sajeesh Babu Vs. N.K. Santhosh & Others - : AIR 2013 SC 141, wherein the Apex Court has held in the facts of the said case which also pertained to selection for LPG distributorship that no evaluation on land and financial capabilities was warranted in case of distributorship reserved for SC category applicants.