HARNAM SINGH Vs. OIL SELECTION BOARD (NORTH)

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution the petitioner had prayed for the quashing of panel of names approved by the Oil Selection Board (North) for appointment as dealer of the Bharat Petroleum Corporation for a retail outlet at Kangthali, District Kurukshetra, in the State of Haryana, on the ground, that Prabha Singh, respondent No. 3 who is a freedom fighter was not eligible for consideration for the allotment of dealership because his annual income during the last financial year was more than Rs. 50,000/- which was against the essential conditions of eligibility.

(2.) In the advertisement dated 28th February, 1987, Bharat Petroleum Corporation Limited, respondent No. 2, invited applications from freedom fighters for appointment as dealer of the Corporation at Kangthali, District Kurukshetra. One of the conditions of eligibility was that "the applicant should be having family income (as defined in the application form) of not more than Rs. 50,000/- during the last financial year". In response to the advertisement, a number of candidates, including respondent No. 3 Prabha Singh applied, and according to the statement made by respondent No. 3, his total income during the last financial year was Rs. 49,400/- (Rs. 35,000/- being income from agriculture and Rs. 14,400/- as pension at the rate of Rs. 1200/- P.M.). After field investigation, the Bharat Petroleum Corporation Limited forwarded the matter of the Oil Selection Board (North) which, in turn, recommended the panel of names consisting of Shri Prabha Singh and Shri Ved Parkash Garg in order of merit for the award of dealership at Kangthali. Since the other candidate Shri Ved parkash Garg expired during the pendency of the writ petition and only one candidate Prabha Singh, respondent No. 3, remained in the field, the ultimate allotment was made in favour of Prabha Singh.

(3.) Separate replies have been filed by the respondents in which it has been pleaded that the Oil Selection Board was chaired by a retired Judge of the High Court and a senior officer from outside the Corporation as a member of that Board. Oil Selection Board being an independent body constituted by the Government of India, necessary allotment was made only after thorough investigation and after taking all the relevant factors into consideration. It has further been pleaded that in any case a thorough inquiry having already been made by the Bharat Petroleum Corporation and the Oil Selection Board, the High Court will not embark upon inquiry into the facts to adjudge the suitability or otherwise of the rival claims and upon reappraisal of the material, to come to a finding and make recommendations contrary to those arrived at by the Oil Selection Board.