- (1.) BOTH the petitioners in the present petition had applied for award of distributorship for Liquefied Petroleum Gas at Dhanpur in District Chandauli. The Advertisement dated 7.9.2007 has been brought on record through a supplementary -affidavit dated 16.4.2012. The petitioners claim themselves to be eligible and were also interviewed on 21.5.2010. The Respondent No.4 was also an applicant and the result of the selection were declared on 22.5.2010 in which the petitioners were indicated at Serial No.2 in the Select Panel and respondent No.4 was at Serial No.1.
(2.) THIS petition questions the said selection on the ground that the respondent No.4 was ineligible and secondly the marks awarded to him as against the experience claimed by him was not in accordance with the guidelines provided in the brochure. It is also the case of the petitioners that the respondent No.4 had filed a false experience Certificate which also appears to be forged and, therefore, any marks awarded on the basis of such experience Certificate also deserves to be discarded. On a challenge being raised in the present writ petition, this Court on 6.1.2011 passed the following interim order: - "Issue notice pending admission. Notice on behalf of the respondent no.1 has been accepted by the Additional Solicitor General of India in this Court. Notice on behalf of the respondent nos. 2 and 3 has been accepted by Shri Prakash Padia. Notice on behalf of the respondent no.4 has been accepted by Shri S.P. Singh, who has filed his Vakalatnama on behalf of the said respondent. Notice on behalf of the respondent no.5 has been accepted by the learned Standing Counsel. Therefore, no notice need be sent to the respondents. Learned counsel for the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed by the next date fixed in the matter. List this case on 25.2.2011. Heard on the question of grant of interim relief. Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, it is provided that the re -interview, pursuant to the impugned order dated 12.11.2010 (Annexure -1 to the Writ Petition) may be held, and the result of such re -interview may also be declared but such result will not be given effect to until further orders of the Court."
(3.) THE Respondent No.4 came up giving his explanation with regard to his experience that he had obtained his experience at M/s. Vijay Gas Service which was an Agency allotted to the widow of his younger brother Late Capt. V.P. Singh (Veer Chakra -1971 War). It is his case that he being the Member of the family and in those difficult family circumstances had taken up the task of managing the said Gas Service for which he was paid a certain amount. The experience Certificate dated 2.10.2007, therefore, became the bone of contention between the petitioners and the contesting respondent No.4. The petitioners allege that the said Certificate is absolutely false inasmuch as the respondent No.4 came to be appointed as a doctor in the Provincial Medical Services in November, 1976, and, therefore, his claim of such experience up to 2002 under the said Certificate was absolutely incorrect. The other contention of his ineligibility was also taken to be a ground that he could not have applied being in government service. It is undisputed that the respondent No.4 retired from service on 30.6.2008 much prior to the passing of the impugned orders.;