SANT RAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 28th December, 1997 an advertisement was published on the part of the Bharat Petroleum Corporation Limited (hereinafter called as 'the Corporation') for allotment of L.P.G. Distributorship for location at Orai, District Jalaun. According to the petitioner, selection has to be made amongst the scheduled caste candidates. However, no allotment was made against such advertisement. On 18th August, 2000 again an advertisement was made. Various applications were received. A panel was prepared and ultimately the petitioner was placed at serial number 3 in the panel so prepared by the Dealer Selection Board. Several complaints were made regarding the panel list. Verification was done by the respective Oil Company. On 28th June, 2001 Letter of Intent was issued in favour of first empanelled candidate i.e. one Manoj Bhan Singh Verma. Being aggrieved, the petitioner invoked the writ jurisdiction of this Court by filing the Civil Misc. Writ Petition No. 34426 of 2001 (Sant Ram Singh v. Union of India and others) to obtain an order, which was disposed of by a Division Bench of this Court on 2nd November, 2001 with a direction upon the Secretary concerned to consider the representation expeditiously. The representation was forwarded to the appropriate authority on 29th December, 2001. However, the Government of India by its order dated 9th August, 2002 cancelled the distributorship for location at Orai, District Jalaun alongwith the other allotments made between January, 2000 to issuing the Government Order.

(2.) A writ petition was filed by the aforesaid selected candidate before this Court on 20th August, 2002 being Writ Petition No. 34749 of 2002 and obtained an interim order in his favour. In 2002 Supreme Court of India was pleased to direct to transfer all the writ petitions pending before the respective High Courts before it and, accordingly, the Writ Petition No. 34749 of 2002 was also transferred to the Supreme Court. Supreme Court was pleased to appoint a two members Committee to examine the allotment made by the concerned Dealer Selection Boards and after obtaining the report, as per enquiry, cancelled various allotments inclusive of allotment made to the first empanelled candidate of the present writ petition on 7th November, 2008.

(3.) The petitioner made a representation to an authority of the Corporation on 03rd March, 2009, when the respondent Corporation has informed on 3rd April, 2009 under the Right to Information Act that the Corporation reserves its right to re-advertise for appointment of distributorship as fresh in lieu of such termination. Thereafter the writ petitioner filed a writ petition being Civil Misc. Writ Petition No. 24778 of 2009 (Sant Ram Singh v. Union of India and others) before this Court and obtained an order for consideration of representation. The representation was considered by the authority and ultimately on 18th November, 2009 Territory Manager (LPG) Jhansi, Bharat Petroleum Corporation Ltd. i.e. respondent No. 3 rejected the claim of the petitioner on the ground that the merit panel comes to an end on commissioning of the distributorship and since the merit panel has already expired, so no Letter of Intent can be awarded to the petitioner.