AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Sri B.K. Srivastava, learned Senior Advocate assisted by Sri Dhiraj Srivastava for the petitioner and Sri P. Padia, learned Advocate who appeared for the respondent No. 3.
In this petition order dated 20th October, 2010 passed by the Senior Area Manager, Indian Oil Corporation Ltd. Agra has been assailed whereby letter of intent issued to the petitioner by the organization dated 5.10.2010 (Annexure-9 to the writ petition) has been cancelled on the ground that in view of point 10.2 he has given wrong details about balance amount as on the date of filling of application form i.e. 27.11.2009. In the application he has mentioned balance amount of Rs. 2,35,217.91in his credit as on the date of application in his Saving A/c No. 11777872046 whereas as per Statement of Account of State Bank of India actual balance in that account was Rs,35217,91.
It is contended that by negligent mistake wrong account number was mentioned in the application form although he has another account being No. 1104159024 in the name of Upadhya Trading Company in State Bank of India wherein the requisite amount was outstanding on the date of filling of application but that could not have been mentioned. Submission is that the same mistake was due to inadvertence and it is an innocent omission and therefore, respondents are to allow the applicant to make correction in the application form.
He further submitted that under Clause 12.4 it was incumbent upon the respondents to allow him to rectify the deficiently/mistake, if any, in the form but respondents without giving any opportunity to him, cancelled his candidature.
We do not find any force in the in the above submissions. Clause 4 of the Brochure provides common eligibility for applicants. Clause 4(e) and (f) provides as under-
(e) Fulfill Multiple dealership/distributorship norm-
Multiple Dealership/Distributorship norms means that the applicant or any other member of ''family unit'' should not hold a dealership/distributorship/RGGLV or Letter of Intent (LOI) for dealership/distributorship/RGGLV or a PSU Oil Company i.e only one Retail Outlet/SKO-LDO dealership/LPG distributorship/RGGLVC of PSU Oil Company will be allowed a ''Family Unit''.
''Family Unit'' in case of married person/applicant, shall consist of individual concerned, his/her Spouse and their unmarried son)(s)/daughter(s). In case of unmarried person/applicant, ''Family Unit'' shall consist of individual sister(s). In case of divorce, ''Family Unit'' shall consist of individual concerned, unmarried son(s)/unmarried daughter(s) whose custody is given to him/her. In case of widow/widower, ''Family Unit'' shall consider of individual concerned, unmarried son(s)/unmarried daughter(s).
(f) have minimum total amount of Rs. 2 lakhs put together from Saving account in Bank ( as on date of applicant) free and un-encumbered fixed deposits in scheduled banks. Kisan Vikas Patra, NSC, bonds, any other investment etc. in the name of self or family members of the ''Family Unit'' as defined above. (in case of RGGLV locations reserved under SC/ST category, applicants with less than Rs. 2 lakhs are also eligible also apply). For evaluation purpose, marks will be awarded to applicants of all categories based on the amount mentioned in the application.
Applicant is therefore, under obligation to give details of his account or of his Fixed deposit in scheduled bank, Kisan Vikas Patra, NSC, bonds etc. which are to his own name or in the name of his family defined in para 4(e) of the brochure.
In view of the para 9(f) of the Brochure application was to give details about the bank account, fixed deposit, Kisan Vikas Patra, NSC etc. in which he should have minimum balance of Rs. 2 lakhs on the date of filling of the application form and that must be in the name of individual. Another account number in which petitioner claims that he has requisite balance is in the name of partnership.
Further statement of account has been filed as Annexure-4 to the writ petition wherein before 30.11.2009 total balance is admittedly less than Rs. 2 lakhs. Hence even this account could not fulfill the condition as provided in the form.
Moreover, 13(b) of the guidelines provides that after submission of the form no addition/deletion or alteration will be permitted in the application hence details filled in the application form as such will be considered by the respondents and if any wrong has been found to be given in the application form then the candidature of the applicant can be cancelled on this ground.
Thus as provided in para 13(g) of the guidelines the details filled in the form cannot be allowed to be altered.
In the judgment given by the Apex Court in case of Shiv Kant Yadav Vs. Indian Oil Corporation and Others, the submission as noted in para 4 of the judgment was turned down by the Apex Court.
During course of argument a Division Bench decision has also been placed by Sri Padia before this Court which was given in Writ C No. 58353 of 2010 decided on 22.9.2010 wherein also on the ground of filling of wrong information in the form the same was rejected.
In view of the aforesaid, we find no merits in this petition and thus it is dismissed.