INDIAN OIL CORPORATION Vs. SHYAM SUNDER

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 16.3.2012 passed in S.B.Civil Writ Petition No.2075/12 sustaining the respondent-writ-petitioner's impugnment of the rejection of his candidature for LPG distributorship in Pachpadra District Barmer and Bikaner-II vide communications dated 11.2.2012 and 14.2.2012 respectively to that effect, the appellant-Indian Oil Corporation (for short, hereafter referred to as "the Corporation") is in appeal. We have heard Mr.O.P.Mehta, learned counsel for the appellants and Smt.Deepika Vyas, learned counsel for the respondent.

(2.) The appellant-Corporation had issued an advertisement dated 13.3.2010 inviting applications for appointment of its LPG distributors amongst others at Bikaner-II and Pachpadra District Barmer. In the advertisement, it was inter-alia mentioned that the candidate to be eligible ought to conform to the multiple dealership/distributorship norms signifying that his/her family unit was not holding any dealership/distributorship in any public sector undertaking or company. In the format of the affidavit to this effect, it was to be declared in the following terms:-

(3.) In the prevailing guidelines pertaining to eligibility and governing the process, it was clearly stipulated amongst others that an application would be treated as incomplete if such affidavit is not as per the format. The advertisement mentioned 12.4.2010 to be last date for submission of applications. On 5.4.2010, a corrigendum was issued by the Corporation incorporating the following amendments in the affidavit:-