Decided on April 29,2020

Anindita Mohanty Appellant
Hindustan Petroleum Co. Ltd. Respondents


S. K. Sahoo, J. - (1.) In this writ appeal, the appellant Smt. Anindita Mohanty seeks to set aside the impugned order dated 19.06.2019 passed by the learned Single Judge in W.P.(C) No.569 of 2017 in rejecting the prayer made by the appellant (petitioner) in the writ petition to quash the fresh merit list dated 14.10.2016 vide Annexure-9 and to declare the decision of the respondent no.1 Senior Regional Manager, Hindustan Petroleum Corporation Ltd., Bhubaneswar Regional Office under Annexure-13 as illegal and improper.
(2.) The case of the appellant is that on 14.07.2009 Hindustan Petroleum Corporation Ltd. (hereafter 'the HPCL') published an advertisement in the Odia Daily 'Sambad' for appointment of dealers for retail outlets, wherein at serial no.64, location for setting up Petrol/Diesel retail outlet was indicated to be within two kilometers of Harichandanpur on Naranapur- Brahmanipal Road in the district of Keonjhar. The appellant, the respondent no.3 Smt. Babita Prusty and three others participated by making appropriate applications. An interview was conducted on 19.09.2009 and the result was published. The respondent no.3 was declared selected in the selection process. The appellant challenged the award of marks by the Selection Committee before this Court by filing W.P.(C) No.14367 of 2009 which was disposed of on 12.08.2010 with a direction to the Selection Committee to reconsider the claim of the appellant as well as the other claimants and award the marks in conformity with the guidelines and to take a decision within a period of three weeks. In compliance of the direction of this Court, on 24.05.2011 the marks were reassessed and published and again the respondent no.3 came out successful as she secured highest marks and accordingly, she was issued with a letter of intent of the proposed retail outlet dealership on 16.07.2011. The appellant again filed another writ petition bearing W.P.(C) No.18768 of 2011 on 13.07.2011 challenging the revised marks awarded which was dismissed by the learned Single Judge by order dated 14.12.2015. The appellant preferred writ appeal bearing W.A. No.18 of 2016 challenging the order dated 14.12.2015 passed in W.P.(C) No.18768 of 2011. The writ appeal was allowed on 22.06.2016 and the order dated 14.12.2015 passed by the learned Single Judge was quashed and HPCL was directed to prepare a fresh merit list in accordance with the order dated 12.08.2010 passed in W.P.(C) No.14367 of 2009 as well as directions/observations made in the writ appeal preferably within a period of three months. In compliance of the order dated 22.06.2016 passed in the aforesaid writ appeal, a fresh merit list was prepared on 14.10.2016 vide Annexure-9 wherein the respondent no.3 again came out successful securing highest marks. The appellant approached the Senior Regional Manager, HPCL on 23.10.2016 challenging the fresh merit list. The Senior Regional Manager, HPCL disposed of the representation of the appellant on 10.11.2016 justifying the merit list as valid. Thereafter, the appellant approached the Executive Engineer, Ghatagaon (R & B) Division on 15.11.2016 and sought clarification of the proposed site offered by the respondent no.3. On that day itself, the Executive Engineer (R & B) Division issued a letter declaring therein that the proposed site is more than two kilometers away from Harichandanpur and again he justified the stone installed nearby the proposed location indicating Harichandanpur at four kilometers is correct. On 13.01.2017 the appellant relying upon the letter of the Executive Engineer and challenging the distance factor so also challenging the fresh merit list approached this Court in W.P.(C) No.569 of 2017 which was disposed of by the impugned order dated 19.06.2019.
(3.) The case of the respondent no.3 Smt. Babita Prusty is that the HPCL published an advertisement on 14.07.2009 for opening of dealer owned retail outlet (open category) within location of two kilometers from Harichandanpur on Naranpur- Bramhanipal Road in the district of Keonjhar. An interview was conducted on 19.09.2009 where she herself, the appellant along with three others participated and she was declared successful as per the result published on the same day. She narrated in her counter affidavit as to how the appellant approached this Court on a number of occasions and how this Court as well as HPCL authorities dealt with such matter time to time.;

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