NURJAHAN KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner challenging the decision of the respondent No.3 contained in the letter dtd. 4/3/2020 whereby it was mentioned that the land documents submitted by the petitioner were not valid for considering the offered land under Group-1 and the petitioner was informed that the candidature of the petitioner would be considered for selection along with Group-3 applicants as per the guidelines. The petitioner had also by way of the instant writ petition sought for a writ of mandamus upon the respondent Nos.2 and 3 to reconsider the case of the petitioner for Group-1.

(2.) Before dealing with the facts of the case, this Court finds it relevant to take note of that there is a Brochure for selection of dealers for regular and rural retail outlets dtd. 24/11/2018. The said Brochure contains various Guidelines for selection of dealers for regular and rural retail outlets through Draw of Lots/Bidding Process.

(3.) In the said Guidelines, Clause 4 stipulates the eligibility criteria for individual applicant-proprietorship/partnership. Sub-Clause (v) of Clause 4 classifies three groups based on the land offered or land not offered by them in the application form. In Group-1, the applicants have been clubbed together who have suitable piece of land in the advertised location/area either by way of ownership/long term lease for a period of minimum 19 years 11 months or as advertised by the OMC. In Group 2, those applicants have been clubbed who have firm offer for a suitable piece of land for purchase or long term lease for a period of minimum 19 years 11 months or as advertised by the OMC. In Group-3, those applicants are clubbed who have not offered land in the application. It is further mentioned in Sub-Clause (v) of Clause 4 that applications of applicants under Group-3 would be processed/advised to offer land only in case no eligible applicant is found or no applicant get selected under Group 1 and 2. It is further mentioned that in case, land offered by all the applicants under Group 1 and Group 2 is found not suitable/not meeting requirements, then those applicants under Group 1 and Group 2 along with applicants under Group 3 (who did not offer land along with application) would be advised by the OMC to provide suitable land in the advertised location/stretch, within a period of 3 months from the date of issuance of intimation letter to them through SMS/e-mail. It is further stipulated that in case the applicants fail to provide suitable land within the prescribed period or the land provided is found not meeting the laid down criteria, the application would be rejected.