AISHA AKHTAR Vs. BHARAT PETROLEUM CORPORATION LTD. AND ORS.
LAWS(ALL)-2015-1-189
HIGH COURT OF ALLAHABAD
Decided on January 22,2015

Aisha Akhtar Appellant
VERSUS
Bharat Petroleum Corporation Ltd. and Ors. Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the parties. Bharat Petroleum Corporation Ltd. (B.P.C.L.) published an Advertisement for appointment of L.P.G. distributors for the locations mentioned in the Advertisement. One of the conditions mentioned in the Brochure namely Condition No. 6.1 (vi) reads as follows : "6.1 Common Eligibility Criteria for all Categories applying as Individual. (vi) Have minimum total amount of 15 lakhs for Urban Markets and 10 lakhs for Urban-Rural and Rural Markets respectively as the closing balance on the last date for submission of application as specified in the advertisement or corrigendum (if any). This amount is to be arrived at by adding amount in Savings Bank accounts in Scheduled Bank/Post Office, free and un-encumbered Fixed Deposits in Scheduled Banks, Post Office, Listed Companies, Government Organization/Public Sector Undertaking of State and Central Government, Kisan Vikas Patra, NSC, Bonds, Shares of Listed Companies, Listed Mutual Funds, ULIP, PPF, Surrender Value of Life Insurance policies in the name of Applicant or family members of the 'Family Unit' of the Applicant as defined above. In case of locations reserved under 'SC/ST' category, minimum total amount of 5 lakhs for Urban Markets and 2.5 lakhs for Urban-rural and Rural Markets respectively should be available as the closing balance on the last date for submission of application as specified in the advertisement or corrigendum (if any)."
(2.) The petitioner submitted an application in response to the advertisement for a location in the Urban market. Along with the application he disclosed that he has a balance amount of Rs. 15,03,292/- in the saving account maintained at Axis Bank, Branch NOIDA (U.P.) and he had certain Fixed Deposit Receipts (F.D. Rs. ) with the Co-operative Bank. These details were furnished by the petitioner for the purposes of satisfaction of the conditions, referred to above.
(3.) Under the order dated 20.10.2014 the Territory Manager of B.P.C.L. has held that the petitioner does not satisfy the requirements of the conditions mentioned in the Advertisement and the guidelines for selection of regular L.P.G. Distribution, therefore, his application is rejected. It has been recorded in the order impugned that as per the terms and conditions of the Advertisement the minimum balance required in respect of a location in the Urban market was Rs. 15 lakhs as on the last date for submission of the application as specified in the Advertisement/Corrigendum, if any. Further the F.D. Rs. which were shown by the petitioner to be standing in his name in Cooperative Bank do not answer the requirement of Clause 6 which requires that the money must be available in a saving account maintained in a Scheduled Bank or may be in the shape of un-encumbered Fixed Deposits in Scheduled Bank/Post Office, Listed Companies/Government Organization/Public Sector Undertaking of State and Central Government, Kisan Vikas Patra, NSC, Bonds, Shares of Listed Companies, Listed Mutual Funds, ULIP, PPF, Surrender Value of Life Insurance Policies in the name of the applicant or family members of the 'Family Unit' of the Applicant.;


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