SHASHI BHUSHAN SINGH Vs. OIL SELECTION BOARD BIHAR

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India the petitioners have approached this Court with a prayer to set aside the order dated 8-4-1994 passed by respondent No. 1 and to issue an appropriate writ or direction commanding respondents Nos. 1 to 4 to issue letter of indent in favour of the petitioners in respect of distributorship of L. P. G. (Indane) at Mango in Jamshedpur.

(2.) To decide the controversy raised in this petition, it is necessary to State the material facts in brief.The Indian Oil Corporation, a Government of India undertaking, under the Ministry of Petroleum, made an advertisement on 28-2-l988 for selection and appointment of L.P.G. distributors under the open category for Mango in Jamshedpur town and other places in the State of Bihar. In the said advertisement the eligibility criteria of the persons to be appointed such as nationality, age, education, domicile, permanent residence, annual income etc. were laid down. In response to the said advertisement, both the petitioners as partners made an application for distributorship of L. P. G. (Indane) at Mango since they satisfied all eligibility criteria mentioned in the said advertisement the Oil Selection Board (East) thereafter by the call letter dated 28-3-1990 asked the petitioners and other candidates to appear at the interview for selection at Jamshedpur on 13-9-1990. In the call letter all necessary documents particularly documents in support of the educational qualification, date of birth etc. were asked to be produced in original at the interview on 13-9-1990. The petitioners appeared in the interview on the date fixed before the Oil Selection Board (East) and they were thoroughly interviewed and they produced all necessary documents to the satisfaction of the Board. According to the petitioners, they secured 1st position in the interview and that in the month of October, 1990, two representatives of the Indian Oil Corporation came for field inspection of the premises where office-cum-godown of distributorship would be located, should the petitioners be finally selected. The site offered by the petitioners for the office and godown for carrying on the distribution was found to be satisfactory. The petitioners, therefore, expected letters of intent to be issued in their favour shortly. However, in the month of November, 1990 the Oil Selection Board all over India were dissolved due to which no formal order of selection and consequent letter of intent could be issued. After three years the Oil Selection Board for Bihar was reconstituted which became a successor to the earlier Oil Selection Board (East) which made selection of distributors on 13th September, 1990. By the letter dated 2nd August, 1993, the respondent No. 1, the subsequent Selection Board, Bihar, asked the candidates who were empanelled securing first, second and third position in the select list on the basis of interview held on 13-9-1990 for distributorship, to appear before the Oil Selection Board on 19th August, 1993 at Hotel Patliputra Ashok, Patna. The petitioners stated on oath in paragraph 16 of the writ petition that in the said letter dated 2nd August, 1993 there was no indication that the petitioners were called for interview for fresh selection by the Selection Board on 19th August, 1993 and on reaching there on 19th August, 1993, the petitioners were informed that the purpose was only to verify whether after such a long gap of three years, the holders of the top positions (lst, 2nd and 3rd) were still available to take the letter of intent or not and that on being asked by the Oil Selection Board, the petitioner's expressed their willingness to accept the distributorship at Mango. Thereafter the petitioners were waiting eagerly for the letters of intent. After waiting for two months the petitioners made a representation on 5th November, 1993 before respondent No. 1, the Oil Selection Board. But finding no response to the representation, the petitioners approached this Court in a writ petition registered as C. W. J. C. No. 396 of 1994 before this Court. This Court by the order dated 9-2-1994 disposed of the said writ petition with a direction to respondent No. 1 to consider and dispose of the petitioners' representation dated 5th November, 1993 by a speaking order with the observation that if aggrieved by the order to be passed in the representation the petitioners would be at liberty to approach this Court. After the order was passed the petitioner made a supplementary representation before the Board on 23-2-1994 enclosing the copy of the order passed by this Court, challenging the appointment of respondent No. 5 as distributor of Indian Oil L. P. G. (Indane) at Mango. Thereafter the respondent No. 1 by the impugned order dated 8-4-1994 rejected the representation of the petitioners.

(3.) Paragraph 2 of the impugned order dated 8-4-1994 is as follows :