AWADH NARESH JAISWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ petition challenging the order dated 30.4.2013 whereby the selection for the retail outlet dealership at Charkhola, Block Bilsanda, Tehsil Bisalpur, District Pilibhit in which the petitioner was found to be the highest in merit has been cancelled.

(2.) Briefly stated, the case of the petitioner is that for grant of Kisan Sewa Kendra retail outlet for location at Charkhola, Block Bilsanda, Tehsil Bisalpur, District Pilibhit, applications were invited from eligible candidates through advertisement published in the Dainik Jagran news paper on 20.12.2010. The petitioner was one of the candidates for the location Charkhola, Block Bilsanda, Tehsil Bisalpur, District Pilibhit. Beside the petitioner there were three other applicants for the same location. The candidates were interviewed on 14.10.2011 and after the interview and perusal of their testimonials the selection committee awarded marks under the various parameters prescribed for the purposes of selection of Petrol/Diesel retail outlet under the Kisan Sewa Kendra dealership Scheme/Brochure dated 1.7.2010. The petitioner was placed in the waiting list with a total marks of 88.9. The other three candidates were awarded 33.43, 47.50 and 52.00 marks respectively. However, in spite of the petitioner being at the top of the merit in the select panel, no Letter of Intent (LOI) was issued in his favour and on the contrary the impugned order dated 30.4.2013 was passed whereby the merit panel was itself cancelled and directions were given to the re-evaluate the marks of all the candidates who had attended the interview. The reasons given for cancellation of the merit panel was that there was an error in the evaluation of "Land Parameter" of the petitioner.

(3.) We have heard Shri Vimlendu Tripathi and Shri Prakash Padia for the respondents.