AMIT KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The Bharat Petroleum Corporation Limited (BPCL) [for short 'the Company'] in order to appoint LPG distributors at the location 'Thana Chappar', village Yamunanagar, invited applications vide its advertisement dated 20.11.2013. The petitioner along with 9 other persons applied and all were found eligible. Thereafter, selection of the dealer was made by way of draw of lots on 25.11.2014 in which the petitioner was successful and confirmed by the Company vide its letter dated 2.12.2014. The petitioner also deposited Rs. 25,000/- in favour of the Company for Field Verification of Credentials (FVC). Since, the Letter of Intent (LOI) was not issued to the petitioner, therefore, he filed CWP No.13584 of 2015 and in those proceedings, he was apprised of by the Company vide its letter dated 24.7.2015 that the advertisement for the location of 'Thana Chappar' has been cancelled by the Company. The petitioner has thus challenged the letter dated 24.7.2015 in the present writ petition.

(2.) It is submitted by learned counsel for the petitioner that action of the respondents is totally arbitrary and unreasonable in cancelling the location of 'Thana Chappar' on the ground that the said location is known as 'Chappar Mansurpur'. It is further submitted that the error in the advertisement can be corrected by way of a corrigendum as the location 'Chappar Mansurpur' is also commonly known as 'Thana Chappar'.

(3.) On the other hand, learned counsel for the Company has argued that since the location was not specifically mentioned in the advertisement dated 20.11.2013 as 'Chappar Mansurpur', therefore, the Company has decided to cancel the advertisement and all subsequent proceedings because of a right, in terms of Clause 11 of the general conditions of the advertisement, which the company reserves to cancel/withdraw or amend the advertisement at his sole discretion without assigning any reason. In this regard, learned counsel for the Company has relied upon a decision of the Supreme Court in the case of Sr. Divisional Retail Sales Manager, Indian Oil Corporation Ltd. through POA Holder and others Vs. Ashok Shankarlal Gwalani, 2012 13 SCC 260 and a judgment of this Court rendered in CWP No.15913 of 2013 titled as "Meena Yadav Vs. Bharat Petroleum Corporation Ltd. and others" decided on 29.9.2015. Whereas, learned counsel for the petitioner has also relied upon a judgment of the Supreme Court in the case of