KUMUD VISHWAKARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Kumud Vishwakarma is before this Court seeking quashing of the order dated 16.12.2013 passed by General Manager, Indian Oil Corporation Ltd. Gomti Nagar, Lucknow, wherein complaint preferred on behalf of petitioner has been rejected and further prayer has been made for issuing writ in the nature of mandamus commanding and directing the Authority concerned, not to give letter of intent to respondent no.5 Priyanka Jaiswal or pass any other suitable order.

(2.) The factual matrix of the case in brief are that Indian Oil Corporation Ltd. (I.O.C.L.) is a Company registered under the Companies Act and is a Government of India enterprise. The Indian Oil Corporation, in its turn, has proceeded to advertise in a leading newspaper Dainik Jagran on 26.10.2011 inviting application form of various location throughout the length and width for award of dealership for running its retail outlets. Petitioner has also proceeded to submit her application form for award of dealership for Naval Pur Chauraha situated between Salempur to Bhagalpur Road, SH -I, District Deoria. The said dealership is reserved for general women category candidate. Petitioner submits that after completing all the requisite formalities, she was called for interview on 12 th April, 2013 and the merit in question has been disclosed and therein select list has been finalized wherein Smt. Priyanka Jaiswal has been shown at serial no.1, Smt. Pushpa has been shown at serial no.2 and Smt. Kumud Vishwakarma has been shown at serial no.3. Petitioner submits that she made a complaint before the Indian Oil Corporation Ltd. and there were other candidates, who have also filed complaint before the Indian Oil Corporation and the Indian Oil Corporation, in its turn, has proceeded to non -suit the claim of incumbents by mentioning that final merit panel of subject location has been prepared as 'corpus fund' location i.e. these marks under the head capability to arrange finance were excluded while finalizing the merit panel. Based on the above facts and findings, view has been taken by the Indian Oil Corporation that the contention of the complainant was irrelevant as the marks under the head capability to arrange were excluded while finalizing the merit panel.

(3.) On the presentation of the writ petition in question, this Court on 7th February, 2014 proceeded to pass following order: