VIJAY YADAV Vs. DEALER SELECTION BOARD

JUDGEMENT

(1.) THERE is a single appellant in each of the three analogous appeals. All of them had filed separate writ petitions challenging the grant of retail outlet dealership of Indian Oil Corporation Limited at Daudnagar, district Aurangabad in favour of one Jayant Kumar Thakur who is the common respondent in all the three appeals. A learned Single Judge dismissed the writ petitions by a common judgment and order, dated 01.12.2003. These three internal court appeals are preferred against that judgment.

(2.) THE dealership in question is described as 'company owned and company operated'. This means that all the investment in setting up the retail outlet is made by the Oil Company and the dealer selected for it simply manages it and earns his commission on the sales.

(3.) AN advertisement for grant of a number of dealerships by the Indian Oil Company Limited, including the dealership in question, was issued on 1.9.2000. The three appellants besides Jayant Kumar Thakur and several others made applications for the dealership at Daudnagar. Interview letters were issued to the candidates on 9.12.2001 asking them to appear for interview on January 10 and 11, 2002. On the first day, the interviews were held normally but in the afternoon of the second day (11.1.2002) when two candidates remained to appear before the selection board, the proceedings were interrupted by the forcible intrusion of an unruly ruffian, armed with a pistol. He was at the head of a group of 15-20 people, who were waiting outside the office. In those circumstances it became impossible for the Selection Board to continue its proceedings and the interview of the remaining two candidates was postponed to 28.1.2002, having regard to the availability of the administrative member on the Selection Board. Since the interview of all the candidates could not be completed, the Dealer Selection Board was unable to issue the list of the selected candidate(s) on that day, as laid down under the guidelines for selection.