JAI PRAKASH PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the selection/ appointment of Respondent Nos. 6 to 8 as retail outlet dealer for S.K.O./L.D.O. at Brahmpur (Ramgarh), District-Buxar and further prayed to select/appoint him in their place.

(2.) The petitioner's case, in brief, is that Indian Oil Corporation through an advertisement published in daily newspaper 'Hindustan' on 31.10.1999 (Annexure-1) invited quotation from interested persons for outright sale/long term lease of their land at Brahmpur in the district of Buxar for the purpose of extending its business and pursuant to that petitioner's father Sri Jagdish Pandey filed quotation before the Corporation to give his land on lease for a period of 30 years with an option of further renewal of 30 years after the expiry of the lease, which was accepted by the Corporation and thereafter on 31.12.1999 father of the petitioner handed over the possession of the land measuring about 9176 sq. ft. appertaining to khata No. 35, plot No. 438, Mauza-Ramgarh, Brahmpur, District-Buxar and registered deed of lease agreement was executed on 15.3.2000 between the parties. The Corporation after taking possession of the aforesaid land and constructing infrastructures for retail outlet published a re-advertisement in daily newspaper 'Hindustan' on 1.9.200 (Annexure-4) for appointment of retail outlet dealers for different places including that of Brahmpur, District-Buxar. The petitioner pursuant to the aforesaid advertisement (Annexure-4) applied on 16.10.2000 or his appointment as retail outlet dealer being the son of the lessee. Thereafter the petitioner on being asked appeared before the Dealer Selection Board on 26.9.2001 for interview and produced all the original documents. Dealers Selection Board on 27.9.2001 published the result selecting/appointing Respondent Nos. 6 to 8 as retail outlet dealer of S.K.O./L.D.O. at Brahmpur, District Buxar in preferential order, which has been challenged by the petitioner in this writ petition on the ground that he having the lease hold right over the plot, under the policy of the company deserves preference in the Selection/appointment of retail outlet dealer at Brahmpur, District-Buxar.

(3.) A preliminary counter affidavit has been filed on behalf of Indian Oil Corporation and its Officers (Respondent Nos. 2, 3 & 5) stating therein that the petitioner's name is not in the list of merit panel of three candidates selected by Dealer Selection Board and after participation in the selection process the petitioner cannot challenge the selection/appointment of the candidates obtaining higher marks in absence of mala fide. It is further stated that the lands for retail outlet had already been procured in advance by the Corporation and as the location Brahmpur was 'A' site any clause relating to preference in the advertisement is not applicable. The Respondents have also stated that L.O.I, has already been issued in favour of first empanelled candidate vide letter dated 8.11.2001 obviously after notice was given to the Respondent-Corporation and filing of the writ petition on 6.11.2001.