S.BASKAR Vs. REGIONAL MANAGER

JUDGEMENT

(1.) This writ petition is filed for issuance of writ of Certiorarified Mandamus by challenging the proceedings of the respondent dated 22.02.2019 with a consequential prayer seeking for a direction to the respondent to permit the petitioner to modify Serial No.9 of the application from Group-II to Group-I and to consider the candidature of the petitioner under the category Group-I for selection to the Sendurai Town Location Petrol Outlet.

(2.) Short facts and circumstances of the present case are as follows: The respondent-Petroleum Corporation invited tenders for locating the petroleum outlet at Sendurai Town. There are three groups, under which, the applications can be made viz., Group-I, Group-II and Group-III. Under the Group-I category, the applicant must hold the land either in his name or in the name of his relatives. It also includes holding a long term lease from the land owner. Group-II relates to the case, where the land is offered by third parties based on agreement for purchase or long term lease. Group-III deals with the applicants, who have not offered land. The petitioner made online application on 20.12.2018 by choosing the category Group-II. The last date for submission of the application was 25.12.2018. On 29.12.2018, the petitioner made a representation for changing the Group from Group-II to Group-I. According to the petitioner, due to typographical error, Group-II was mentioned wrongly in the application, instead of mentioning Group-I. Thereafter, he approached this Court and filed a writ petition in W.P.No.430 of 2019 seeking for mandamus directing the respondent to permit the petitioner to modify Serial No.9 of the application from Group-II to Group-I. The said writ petition was disposed of on 29.01.2019 by directing the respondent to consider the petitioner's representation in terms of the regulations and pass appropriate orders on merits and in accordance with law, after issuing notice to the petitioner and also affording him an opportunity of hearing. Thereafter, the impugned order was passed on 22.02.2019 by rejecting the request of the petitioner on the reason that the change of Group in the application cannot be done, after the last date for submission of the application viz., 25.12.2018.

(3.) The learned counsel for the petitioner submitted that if the typographical mistake made in the online application is allowed to be corrected, no prejudice would be caused to the respondent in any manner. He also submitted that the petitioner has already taken a demand draft for a sum of Rs.5,000/- on 13.02.2019 itself for making such correction and therefore, the genuine cause of the petitioner cannot be doubted.