LAWS(BOM)-2019-7-327

GANGADHAR MANJITRAO SULTANE Vs. UNION OF INDIA

Decided On July 22, 2019
Gangadhar Manjitrao Sultane Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. Palodkar, learned Counsel for petitioner, learned A.S.G.I. for Respondent Nos.1 and 5, Mrs. Anjali Dube-Bajpai, learned Counsel for Respondent No.2 - Hindustan Petroleum Corporation Ltd. (hereinafter referred to as "the Corporation" for the sake of brevity), Mr. Pande, learned Counsel for Respondent No.3 - Marathwada Board of Technical Education (hereinafter referred to as "the Institute" for the sake of brevity), learned A.G.P. for Respondent No.4.

(2.) Petitioner is before this Court raising challenge to order dated 27 th March, 2015, whereby Respondent No.2 - Corporation has rejected the claim submitted by petitioner by an application, for awarding Retail Outlet Dealership.

(3.) Mr. Palodkar, learned Counsel submits that Respondent No.2 - Corporation issued an advertisement in the newspaper on 26 th October, 2014 calling upon the interested parties for awarding retail outlets for its petroleum products at various places in the State of Maharashtra. Petitioner was possessing necessary infrastructure and desires to get such retail outlet for location at Sr. No.551 from open category. Said location is situate within 2 kms. from Andheri bus stop towards Sillod on Andheri - Sillod road, Dist. Aurangabad. Learned Counsel further submits that by providing all necessary information in the proforma application along with the requisite processing fees, the application was submitted by petitioner. Petitioner was hopeful of a positive decision in his favour. Learned Counsel then submits that the application of petitioner was rejected on the sole ground that petitioner does not have required educational qualification. By inviting our attention to a copy of the application submitted by petitioner to the Senior Regional Manager on 07th April, 2015, learned Counsel for petitioner submits that petitioner is holding certificate of one year's Diploma in Mechanical Engineering from Respondent No.3 - Institute. He submits that said Institute is having Registration No. F/1290 and is a recognised board under the Government of Maharashtra. Learned Counsel, thus, submits that petitioner is fulfilling the requisite educational qualification criteria.