- (1.) In this petition, the following principal reliefs have been claimed:- "(i) issue a writ, order or direction in the nature of certiorari calling for the records and quashing the order dated 11.7.2016 (Annexure No.15) passed by the respondent No.2. (ii) issue a writ, order or direction in the nature of certiorari calling for the records and quashing the impugned public notice published in the daily newspaper 'Dainik Jagaran' Saharanpur edition dated 28.8.2016 (Annexure No.18) insofar as it relates to re-draw for selection of LPG Distributorship for location Kailashpur, Block Puwarka, Tehsil Sadar, District Saharanpur. (iii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to conduct the re-draw for selection of LPG Distributorship for the location Kailashpur, Block Puwanrka, Tehsil Sadar, District Saharanpur in pursuance of the impugned public notice published in the newspaper 'Dainik Jagaran' on 28.8.2016. (iv) issue a writ, order or direction in the nature of mandamus commanding the respondents to issue the Letter of Indent for LPG Distributorship for the location Kailashpur, Block Puwanrka, Tehsil Sadar, District Saharanpur in favour of the petitioner at the earliest on the basis of earlier draw held on 20.5.2016."
(2.) Record in question reflects that Indian Oil Corporation Limited (in short, the Corporation) published an advertisement dated 29.9.2013 in the daily newspapers inviting applications for awarding LPG Distributorship for various locations including Kailashpur and the said location was reserved for a candidate belonging to Other Backward Classes category. In pursuance thereof, the petitioner has proceeded to submit an application on 27.10.2013 alongwith requisite documents. On 12.11.2014 the Senior Area Manager of the Corporation sent a letter to the petitioner informing that the the petitioner has not been found to be eligible for LPG Distributorship on the ground that the land offered for godown at item no.9 of application has been declared in the name of Surender and relation is declared as Nil, which indicates that the offered land is not owned by him and the land offered for showroom at item no.10 of application has been declared in name of Jabar Singh and relation is declared as Nil, which indicates that the offered land is not owned by the petitioner. The petitioner has submitted detailed reply dated 30.12.2014 giving parawise reply to the shortcomings pointed out by the Corporation.
(3.) Thereafter the respondent no.2 had issued letter dated 27.4.2016 stating that the petitioner was found qualified for draw for selection of LPG Distributorship and he was required to be present personally for the draw to be held on 20.5.2016. Another letter dated 20.5.2016 was sent to the petitioner intimating that he has been selected for LPG Distributorship and he will have to deposit an amount of Rs.25,000/- through a demand draft in favour of the Corporation payable at NOIDA within three days. After receipt of the said letter, the petitioner submitted a demand draft of Rs.25,000/- before the respondents on 24.5.2016. Thereafter on 1.6.2016 the Deputy Manager, LPG Sales, Saharanpur had also written a letter to the Tehsildar, Nakur, District Saharanpur for verification of OBC status (recognised by Government of India) and non-creamy layer status of the petitioner as on 28.10.2013. The caste certificate was issued in favour of the petitioner way back on 19.4.2000 as OBC on which an endorsement was also made by the then Tehsildar on 19.12.2014 that annual income of the petitioner was only Rs.72,000/-. The petitioner had submitted his OBC caste certificate and non-creamy layer status on 13.6.2016. By the impugned order dated 11.7.2016, the Senior Area Manager of the Corporation has cancelled the candidature of the petitioner and also forfeited the amount of Rs.25,000/- deposited with the Corporation on the ground that the petitioner is not having land/lease for showroom and godown as on last date of submission of application, as per norms and also his creamy layer status as on last date of submission of application could not be verified by FVC member.;