- (1.) Both the appeals are directed against a judgment and order dated March 12, 2013 by which the learned Trial Court allowed the writ petition registered as WP No.4568(W) of 2012 and quashed the letter dated February 23, 2012 by which the appellant Indian Oil Corporation (hereinafter referred to for brevity as IOC) communicated the following decision to the writ petitioner:- "Sub : Revision of Merit panel for Retail Outlet Dealership for the location "Near Airport Gate No.1 on Jessore Road" Dist North 24 Parganas against advertisement dated 30.12.2009 Dear Sir, This is in reference to the advertisement dated 30.12.2009 for selection of Retail Outlet Dealer at Near Airport Gate No.1 on Jessore Road, Dist. North 24 Parganas, your application dated 05.02.2010 for the same, the interview of the applicants held on 10/11/12.05.2010 and the merit panel displayed on 12.05.2010. Thereafter, upon an investigation of a complaint received, it has been noticed that in your application you have claimed to be working as Manager at the retail outlet M/s Gopal Traders, Rajarhat, Kolkata since 3rd August, 2007 as per the Certificate dated 29.01.2010. You have also claimed to have pursued Post Graduate Programme. In Retail Management (PGPRM) from NSHM Centre of Management & Development Studies during the period July 2007 to June 2009. By this devotion of time in Management course you would not have been exposed to many aspects of various activities going on in the Retail Outlet in day time during normal working hours during the overlapping period of your studies and work experience as Manager i.e. during the period 3rd August, 2007 to June 2009. Thus your experience for the period 03.08.2007 to June 2009 should not have been considered and your considerable period of experience was July 2009 to 29th January, 2010 for which the marks awarded to you should have been 2.33 instead of awarded full 4 marks. Accordingly the total marks secured by you become 57.33. Therefore please take a note that in view of correction in your marks, the revised merit panel has become as under : 1. Sri Amarjyoti Paul - Total marks - 58.10 2. Sri Deepak Kuamr Gupta - Total marks 58.00 3. Sri Arup Chandra De - Total marks - 57.62 The above is without any prejudice to the rights and contentions of Indian Oil Corporation Ltd."
(2.) The aforesaid letter itself recites that an advertisement dated December 30, 2009 was issued for selection of retail outlet dealer near Airport Gate No.1, Jessore Road, district North 24-Parganas. The advertisement also provides the necessary particulars as regards parameters to be taken into account in selecting a suitable candidate. Total marks are 100 out of which 4 marks have been earmarked for experience. The writ petitioner duly applied on February 5, 2010.
(3.) The printed format of the application contained two clauses pertaining to experience. Clause 8 required the applicant to answer the following questions. "Do you have business/selling experience If yes, give full details. Attach supporting documentary evidence." The question no.9 contained in the format of the application contains the following question. "Do you have experience to supervision of personnel If yes, give full details, attach supporting documentary evidence." Question no.8 was answered by the writ petitioner as follows:- "I have been working not only as a business man but also as a manager for Gopal Traders a dealer of IOC at Rajarhat (Experience certificate from Gopal Traders and attendance register of Gopal Trading are enclosed)." Question no.9 was answered by the writ petitioner as follows:- "Yes. I am in retail trade of tyres and batteries Trade License appointment letter from MRF & Dealership certificate from Excide are attached.";