LAWS(GJH)-2000-7-44

HARMISTA A CHAUHAN Vs. DEALER SELECTION BOARDAHMEDABAD

Decided On July 28, 2000
HARMISTA A.CHAUHAN Appellant
V/S
DEALER SELECTION BOARD(AHMEDABAD) Respondents

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution the petitioner has challenged the decision of the respondent Indian Oil Corporation awarding dealership for distribution of LPG gas to respondent No. 3.

(2.) Indian Oil Corporation (hereinafter referred to as the Corporation or respondent Corporation) had issued advertisement (Annexure-B) which was published in newspaper dated 17.5.1998 inviting applications for LPG dealership in various categories and for various districts including the LPG dealership for Baroda District which was reserved for women. Last date for submitting application was 15.6.1998. Respondent No. 3 and others applied in response to the advertisement for the aforesaid dealership in Baroda District which was reserved for women. Interviews were held by the Dealer Selection Board on 12.2.1999. Dealer Selection Board recommended name of respondent No. 3 for the dealership. The petitioner has thereupon filed present petition in April, 1999 challenging the decision of the respondent Corporation in accepting recommendation of the Dealer Selection Board.

(3.) While issuing notice on 9.4.1999 this Court restrained the respondent Corporation from finalising the distributorship of LPG by the respondent Corporation in favour of respondent No. 3. In response to the notice, affidavit in reply dated 15.7.1999 has been filed by V.K. Chaudhary, Sr. Area Manager of the respondent Corporation and also affidavit dated 9.9.1999 has been filed by respondent No. 3. Affidavit-in-rejoinder dated 11.10.1999 and additional affidavit dated 23.6.2000 have been filed by the petitioner.