SWAPAN KUMAR TRIPATHY Vs. UNION OF INDIA & ORS
LAWS(CAL)-2011-12-135
HIGH COURT OF CALCUTTA
Decided on December 08,2011

SWAPAN KUMAR TRIPATHY Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

- (1.) The petitioner in this art.226 petition dated November 30, 2011 is seeking the following principal relief: "a) To issue a writ of certiorari directing the respondents to produce the relevant documents with regard to the selection of the private respondent as Ragiv Gandhi Gramin LPG Vitrarak at Dherua and upon perusal of the same to quash and/or set aside the said selection memo immediately."
(2.) Both the petitioner and the private respondent participated in a selection process initiated by Bharat Petroleum Corporation Limited (in short BPCL) for appointment of a Rajiv Gandhi Gramin LPG Vitarak (in short RGGLV) at the place mentioned in the advertisement. By a letter dated September 5, 2011 BPCL informed the petitioner that he was not eligible to be considered for appointment. Feeling aggrieved and questioning the selection of the private respondent he has brought this petition. Relevant parts of BPCL's letter dated September 5, 2011 are quoted below: "Please refer to our letter Reference: ULB/RGGLV/GANGADHARPUR/28 dated 15.06.2011 and clarification submitted by you vide letter dated 01.07.2011. on the subject. We regret to inform you that your candidature has not found to be eligible for RGGLV as your godown land is not in the advertised location as on or before the date of application."
(3.) Counsel for the petitioner submits as follows. By a letter dated June 15, 2011 BPCL gave the petitioner an opportunity of submitting representation. The petitioner submitted a representation with which he produced documents to show that by purchasing a piece of land at the place in question he became eligible to be considered for appointment. Hence BPCL could not reject the petitioner's candidature on the grounds that he did not have any godown land at the advertised location.;


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