VIKRAM CHOUDHARY Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) By way of this writ petition, the petitioner has challenged the action of the respondent-Hindustan Petroleum Corporation Limited (HPCL) in rejecting the candidature of the petitioner for allotment of Retail Outlet Dealership at location Near Gujarat Border, NH 14, towards Sirohi, between Stone No. 306 to 282.

(2.) The relevant facts are that the petitioner applied for the allotment of Retail Outlet Dealership in the Open category for the location Near Gujarat Border, NH 14, towards Sirohi, between Stone No. 306 to 282, pursuant to advertisement dated 29.8.10 issued by the HPCL. The petitioner was called for interview vide communication dated 23.10.10. After interview, the respondent Shri Niranjan Singh, who secured 75.8 marks was placed at first in the provisional list published and the petitioner who had secured 38 marks was placed at second. The petitioner was awarded '0' marks under the head of "Capability to provide Infrastructure and Facility" whereas, Niranjan Singh was awarded 35 marks with weighted marks 25.9. The petitioner represented against the 0 marks awarded to him under the said head as also 35 marks awarded to Niranjan Singh. It was contended on behalf of the petitioner that a high tension line passes over the land as proposed by Niranjan Singh and therefore, he was not entitled for award of any marks under the said head. The complaint made by the petitioner was not considered by the respondent-HPCL and therefore, the petitioner filed present petition seeking directions to the respondent to allocate proper marks to him under various heads and thereafter, to allot the Retail Outlet Dealership in his favour, at the location in question.

(3.) The respondents have filed a reply to the writ petition, taking the stand that the complaint made by the petitioner was investigated by the Investigation Officer of the HPCL and after investigation, the petitioner was awarded 57.75 marks whereas, Niranjan Singh was awarded 49.90 marks but since, none of the candidate secured minimum 60% marks, their candidature for allotment of the Retail Outlet Dealership was rejected.