- (1.) HEARD learned Counsel for the petitioner and the learned standing Counsel representing I. O. C. (Indian Oil Corporation ).
(2.) PETITIONER has come up before this Court being aggrieved by the impugned order dated 11-9- 2006/annexure-9 to the writ petition passed by the respondent Nos. 2 and 3, whereby, Indian Oil Corporation intimated the petitioner that her application has been rejected on the ground that medical certificate was not enclosed therein. According to the petitioner she had submitted her application dated 28-7-2006 in order (including medical certificate ). Referring to the photocopy of the application, it is pointed out that in relevant column No. 8 requiring medical certificate, it was stated that the certificate was enclosed and the petitioner had replied in affirmative that she was physically and mentally fit. Petitioner submits that she had obtained medical certificate dated 22nd July, 2006 after her examination being conducted by Dr. Sri A. K. Gadpayle, Consultant in Medicine in Dr. Ram Manohar Lohia Hospital, New Delhi (photocopy of which is annexed as Annexure 4 to the writ petition ). There appears to be no reason to disbelieve the Doctor's certificate nor any circumstance is pointed out as to why the petitioner shall withhold the medical certificate. The photocopy of the receipt (page 40 of the writ petition) further shows that the said application was received by an Official of the Corporation on 28th July, 2006 which was the last date for receipt of the application (refer to para 8 of the writ petition ).
(3.) THE normal person/authority conducting its affairs with normal prudence/diligence is expected to check the application while it is being submitted and point out the defect at the earliest. This has not been done in the instant case and the so called non-receipt of the medical certificate was pointed out on 11-9-2006. Hence we find no reason to disbelieve the petitioner when possibility of medical certificate being misplaced or lost for so many reasons cannot be ruled out. It was submitted by the learned Counsel for the respondent that under the rules and instructions of the Corporation contained in the advertisement of which the applicant should be aware, no correction, amendment or new documents can be permitted to be incorporated later on and so it was not permissible for the petitioner to file the medical certificate at this stage. He also referred to the ruling of this Court in Civil Misc. Writ Petition No. 54400 of 2006, Smt. Omitri Rai v. General Manager & Anr. , and submitted that the Court is taking a different view in the present case, which is not permissible under law.;