MADHU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri. A.K. Singh, learned counsel for the petitioner and Shri Prakash Padia, learned counsel for the respondent Nos. 2 to 4. The present Writ Petition has been filed under Article 226 of the Constitution of India, inter alia, praying for issuance of writ, order or direction in the nature of certiorari quashing the result declared by Selection Committee dated 18.04.2012 (Annexure 4 to the Writ Petition) and the Order dated 17th May, 2012 passed by respondent No. 3' (Deputy General Manager, Indian Oil Corporation Ltd.) (Annexure 8 to the Writ Petition).

(2.) It appears that an advertisement dated 12th October, 2011 was issued by Indian Oil Corporation Limited inviting applications for allotment of Kisan Sewa Kendra Dealership at Village Haluwa, Post Maidhi, Pargana Majhwar, District Chandauli. The said advertisement was for Open Category (Women). Pursuant to the said advertisement, the petitioner '(Madhu Singh) and one Smt. Ruchi Singh submitted their applications for allotment of Kisan Sewa Kendra Dealership at the aforesaid location. Interview was held. Thereafter, the result was declared on 18th April, 2012, copy whereof has been filed as Annexure 4 to the Writ Petition. As per the said result, Smt. Ruchi Singh was found to be ineligible. As regards the petitioner (Madhu Singh), she obtained total 43.24% marks and, therefore, she was found to be not qualified as minimum marks to be obtained under the Open Category (Women) was 50%, as per sub-clause (a) of Clause 17 of the Brochure for Selection of Petrol/Diesel Rural Retail Outlet (Kisan Sewa Kendra) Dealers issued by Indian Oil Corporation Ltd. (hereinafter referred to as "the Brochure"). Details of the marks obtained by the petitioner (Madhu Singh) shows that under the category "capability to provide infrastructure and facility", she was awarded "zero" marks.

(3.) The petitioner being aggrieved by the award of "zero" marks in the aforesaid category and her consequent non-selection, made a representation dated 02.05.2012 before the Competent Authority, Indian Oil Corporation Ltd. Copy of the representation has been filed as Annexure 6 to the Writ Petition. Along with the said representation, the petitioner submitted the Affidavits of the co-owners of the land, which was mentioned by the petitioner in her application for allotment of Kisan Sewa Kendra Dealership.