VINOD KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks to challenge the panel of short-listed candidates, dated November 7-8, 2001 (Annexure-9) prepared by the Dealer Selection Board for grant of retail out- let dealership of Indian Oil Corporation Limited at Turkauliya in the district of East Champaran, The challenge to the Panel of short listed candidates is in so far as it places respondent No. 6 at serial No. 1 above the petitioner who is put at serial No. 2. The selection of respondent No. 6 as the first candidate is challenged on the ground that he did not fulfill the eligibility criterion of age as laid down in the tender notice and was, therefore, disqualified at the outset.

(2.) As the facts of the case unfold it becomes clear that respondent No. 6, in fact, did not satisfy the condition relating to age; what is worse is that he himself appears to be fully aware of this position from the beginning and he seems to have tried to cover-up his disqualification by producing before the selection Board got up documents and by withholding relevant materials on the issue of age.

(3.) A notice inviting applications for grant of the dealership was issued in the daily newspaper 'Hindustan' of 1.9.2000. In the column relating to qualifications/ eligibility it was provided, at serial 'Kh', that on the date of application the candidate must be over 21 years and under 60 years in age. The last date for submission of application was 16.10.2000.