- (1.) The petitioner, by means of this writ petition, has prayed to issue a writ of certiorari for quashing the impugned order dated 17.8.2012 passed by the respondent no. 3, General Manager, Indian Oil Corporation, U.P., Lucknow, whereby the candidature as well as selection of the petitioner for Kisan Seva Kendra/ Retail Outlet in the district of Kushinagar, in pursuance to the advertisement dated 30.11.2010, has been cancelled.
(2.) The brief facts, which are necessary for proper and effective adjudication of the case are that the Indian Oil Corporation Limited (hereinafter referred to as the 'Corporation') issued an advertisement on 30.11.2010 in various newspapers inviting applications from the eligible candidates for allotment of dealership of Kisan Sewa Kendra (K.S.K.)/ Retail Outlet at several locations. The petitioner applied in pursuance to the advertisement and he along with other ten candidates was called for interview, which was held on 28.7.2011. On the basis of the interview, a select list was published by the respondent Corporation in which the petitioner was placed at first position in order of merit 95.47 marks and the respondent no. 5, Sri Abhay Kumar Mishra, was placed at second position with 91.64 marks and one Sri Satyendra Mishra was placed at third position with 90.05 marks. The respondent no. 5, who was 2nd position holder, feeling aggrieved with the select list, filed an objection before the authority of the corporation against the selection of the petitioner at first place in the select list with regard to the land, which was offered by the petitioner and also with regard to professional degree, which was submitted by him along with his application form. When the aforesaid objections of the respondent no. 5 remained undecided he preferred Civil Misc. Writ Petition No. 9688 of 2012, Abhay Kumar Mishra Vs. Union of India and others, before this court, which was finally disposed of vide order dated 23.2.2012 with the direction to the respondent Corporation for deciding the objections by the General Manager, respondent no. 3 by an appropriate, reasoned and speaking order.
(3.) In pursuance of the aforesaid order of this Court, the respondent- corporation after hearing both the parties passed the order impugned in the present writ petition, whereby, the candidature of the petitioner for allotment of Kisan Seva Kendra was rejected. Being aggrieved the petitioner has approached this Court with averments that he had submitted some documents along with the letter dated 11.6.2012 before the respondent Corporation as additional evidence and to put forward his claim that the certificate bearing No. A-3008 issued by the Indian Institute of Planning & Management, Pune, was not a forged document but there was some typographical/ computer error in the aforesaid certificate and the same ought not to have been considered as forged one. He also submitted that due to mistake on the part of the petitioner himself that he did not check his certificate prior to submitting the application for KSK/ Retail outlet dealership, whereas he should have to check all the documents, this discrepancy had occurred but the respondent Corporation without considering his explanation/ objection passed the impugned order rejecting the candidature of the petitioner for allotment of K.S.K./ Retail outlet.;