USHA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the parties including Mr. K.D. Chatterjee appearing for the respondent -Indian Oil Corporation. He very fairly states that in view of the pleadings there is no need for counter affidavit and this Court with the consent of the parties as such proceeds to dispose of the writ application at the admission stage itself.

(2.) THE petitioner is a physical handicapped lady. An advertisement was issued by the respondent - Indian Oil Corporation for establishment of Kisan Seva Kendra, a retail outlet for high speed diesel, lubricant and other agricultural related commodities, which was reserved for physical handicapped.

(3.) AS stated above, the corporation was well within its right to reject the petitioner 's application at that stage itself. It did not do so. It then proceeded to verify the land availability and other conditions, as disclosed in the application. Again it had right to reject the petitioner 's candidature in absence of proper certificate of physical handicapped. It did not do so. The petitioner was then called for interview on 19.12.2005. Even at that stage petitioner 's candidature could have been rejected but was not rejected. It is not in dispute that at the time of interview she produced physical handicapped certificate dated 5.12.2005 granted by Civil Surgeon - cum -Chief Medical Officer, Darbhanga and signed by the Board 'smembers certifying her disability. On production of the same she was selected and informed on that day itself that she had been selected. These facts are not disputed.