M SELVI Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

(2.) IT has been stated that the petitioner is a resident of Pudukkottai Revenue District. The first respondent had called for applications for appointment of Petrol-Diesel Retail Outlet Dealers, by an advertisement in the English Newspaper, `The Hindu', dated 16.7.2000. The location of the retail outlet was at Ponnamaravathi, Pudukottai District, allotted to "Open (Reserved for Women) category". One of the conditions for a candidate to be eligible for allotment of the retail outlet for Ponnamaravathi, is that the candidate should be a resident of the Revenue District of Pudukkottai. Since the petitioner was a resident of the Revenue District of Pudukkottai and as she is a graduate she was eligible to apply for the dealership.

(3.) IN the counter affidavit filed on behalf of the first respondent, the allegations made by the petitioner have been denied. It has been stated that the process of selection of dealership is within the jurisdiction of the second respondent Board. The first respondent had advertised in the newspapers requiring dealers for Petrol/Diesel in the specific locations of the area concerned. The eligibility of the candidates had also been specified. The second respondent Board would interview the eligible candidates and the selection would be made based on the guidelines and the procedures issued by the Government of INdia, Ministry of Petroleum and Natural Gas, as amended from time to time. After the completion of the selection process, the merit panel, consisting of the names of the three candidates, who have secured the highest marks, would be prepared. After the receipt of the merit list, a field investigation would be conducted by the first respondent, relating to the candidate, who had secured the first rank in the order of merit, in order to verify whether the candidate has complied with all the requirements necessary for the allotment of the dealership and to verify whether the statements made by the candidate in his or her application are true and correct, including the facts relating to the candidate's residence, solvency etc. Thereafter, a field investigation report is prepared by the field officer concerned and the said report is forwarded to the first respondent through the Divisional Manager concerned. After the field investigation report is found to be in order, a letter of intent is issued to the candidate, giving sufficient time to meet the specified requirements, including the obtaining of the Trading Licences and for raising the necessary funds for the working capital for the business. If the conditions of the letter of intent are complied with by the candidate concerned, within the time specified, the said candidate would be given the letter of appointment and the dealership agreement is entered into. If there are deficiencies found in the report or the conditions of the letter of intent are not complied with by the candidate, the process is repeated for the candidate, who is placed in the next position in the order of merit. If the second candidate had also failed to fulfil all the requirements, the candidate placed in the third position would be considered by following the same procedure. IN case, all the three candidates in the order of merit are found wanting, the process is started all over again by making a fresh advertisement for the dealership.