SAI FILLING STATION Vs. UNION OF INDIA

JUDGEMENT

(1.) These three writ petitions essentially raise a dispute as regards the selection of a retail outlet dealership situated on Lakhimpur -Gola Road at Gola Gokarannath and all the writ petitions being interrelated were heard together and are being decided by a common judgement. Brief facts of the case are that an advertisement was issued by Bharat Petroleum Corporation Limited for allotment of a retail outlet dealership at location 'Lakhimpur -Gola Road' at Gola Gokarannath, District Lakhimpur Kheri under scheduled caste category some time in the year 2011. The record reveals that as many as 13 candidates applied for the allotment of retail outlet dealership and selection pursuant to the advertisement was held on 25.9.2012 wherein one Sri Ajay Kumar Bhargawa was placed at first position according to his merit. Soon after declaration of the result, a complaint as regards the faulty assessment of marks came to be filed by one Chandra Prakash, the candidate who was placed at the second position in the merit list declared on 25.9.2012. The undue pendency of the complaint made by Chandra Prakash gave rise to a Writ Petition No. 4436 (MB) of 2013, which after being filed in the month of May, 2013, remained pending and later on has come to be clubbed with the subsequent writ petitions filed in the year 2014 mentioned above. During pendency of Writ Petition No. 4436 (MB) of 2013, the record reveals, that the competent authority proceeded to consider the complaint made by Sri Chandra Prakash and on evaluation of the grievance raised in the complaint, it was found that the complaint so made by him would materially affect the result of the selection and the Committee having regard to the allegations levelled in the complaint, proceeded to reevaluate the result of the selection and a fresh result for allotment of retail outlet dealership was declared on 3.12.2013 on the basis of which the allotment made in favour of M/s Sai Filling Station through its proprietor Sri Ajay Kumar Bhargawa was cancelled on 31.12.2013.

(2.) The complaint filed by Chandra Prakash against the selection held in the year 2012 is primarily based on the fact that some candidates in support of their application had filed the requisite affidavits of prospective customers which were wrongly assessed for award of marks under the head 'capacity' to generate business (tied up volume) carrying five marks. The objection of the complainant was that the stamp paper on which the affidavits of prospective customers were filed, were purchased by the prospective dealer himself and were not purchased by the customers, as such the affidavits so filed were legally not admissible for the award of marks in view of the provisions of Section 29 of the Indian Stamp Act, 1999 read with Schedule -I.

(3.) The complaint filed by Chandra Prakash was proceeded with by the high power committee for evaluation of marks without any notice to the petitioner who on the basis of the assessment of his merit initially on 25.9.2012, was allotted the retail outlet dealership in the name of M/s Sai Filling Station through its Proprietor Ajay Kumar Bhargawa. The petitioner feeling aggrieved against the reevaluation of merit by the high power committee and that too without any notice to him, filed Writ Petition No. 72 (MB) of 2014 and in this manner the impugned orders dated 3.12.2013 i.e. fresh merit list and order dated 31.12.2013 i.e. cancellation of retail outlet, as contained in Annexure - 1 to the writ petition came to be challenged.