PUNDALIK TUKARAM CHOWGULE Vs. UNION OF INDIA

JUDGEMENT

(1.) Respondents no. 2 and 3 are the Hindustan Petroleum Corporation Limited (hereinafter referred to as 'HPCL') and its Senior Regional Manager. Respondent no.4 is one Smt. Rajashri Vijay Sawardekar who has been held to be the successful tenderer.

(2.) There is absolutely no doubt that justice and equity are in favour of the petitioner who was admittedly eligible to bid for the dealership. More important, the grant of reliefs in the petitioner's favour is clearly in the interest of HPCL and thereby in public interest. Indeed, a rejection of this petition would be detrimental to public interest as it would deny HPCL the benefit of the services of the most suitable candidate to run the retail outlet for a long period initially for 15 years which is extendable. The respondents admit that the petitioner was eligible to apply for the dealership. The only question is whether the petitioner's application contains the following hyper technical flaw, disentitling him to any marks in respect of one criterion.

(3.) The facts are not in dispute. Respondent no.1 published on 16/06/2010 a notice for the appointment of Retail Outlet Dealers for various districts and under various categories. The petitioner and respondent no.4 applied under the open category at the same location. Column K stipulated Rs.10,00,000/- excluding the cost of land as the estimated investment required from the applicants. The publication contains detailed terms and conditions in the form of notes, general terms and conditions and prescribed the application form and the format of the affidavit to be filed by the applicants. Several of these terms and conditions were relied upon on behalf of the petitioners and the respondents. They by consent handed over the relevant provisions thereof. The same incorporates the brochure issued by respondent no.2 HPCL for selection of petrol diesel Retail Outlet Dealers (applicable for MS/HSD Dealership advertisement from March, 2010). We have proceeded on the basis that "Note" (ix) incorporates HPCL's brochure. The relevant provisions of the notice and the brochure as handed over by consent read as under :-