RAJIB LOCHAN DAS Vs. INDIAN OIL CORPORATION LIMITED & OTHERS
LAWS(CAL)-2018-4-37
HIGH COURT OF CALCUTTA
Decided on April 30,2018

Rajib Lochan Das Appellant
VERSUS
Indian Oil Corporation Limited and Others Respondents

JUDGEMENT

Arindam Sinha, J. - (1.) Pursuant to notice by advertisement, published in newspapers on 21st January, 2014 inviting applications under Rajib Gandhi Gramin LPG Vitrak (RGGLV) Scheme, petitioner had applied for award of LPG dealership under Other Backward Classes (OBC) category for Singhee area in district Birbhum. As per the said notice, inter alia, an applicant had to have available the sum specified as closing balance on the last date of submission of applications notified by the advertisement or corrigendum (if any), which would be verified during field verification. By advertisement published on 23rd February, 2014 there was a corrigendum made to the said notice extending last date for submission of applications to 24th March, 2014 from originally notified date 24th February, 2014.
(2.) The Oil Company informed petitioner he had qualified for draw. Petitioner was then asked to send proof of having maintained a sum of Rs.4,00,000/-, being the sum specified, in the account mentioned by him in his application till the last date of submission of applications as per corrigendum, i.e. till 24th March, 2014. After first draw he was informed that there would be re-draw consequent to cancellation of candidature of selected applicant (first draw) during field verification of credentials. Re-draw would be amongst remaining eligible candidates. Ultimately by letter dated 9th February, 2015 petitioner was informed that due to some administrative reasons the re-draw was kept in abeyance.
(3.) Mr. Sakti Nath Mukherjee, learned senior advocate appeared on behalf of petitioner. He submitted, petitioner had inquired in the matter and applied under the Right to Information Act, 2005 for copies of applications submitted in response to the said notice. His client came to learn that a Letter of Intent (LoI) dated 27th April, 2016 had been issued to private respondent. Private respondent is the applicant who was selected in first draw but whose candidature was cancelled during field verification of credentials. According to him the candidature was correctly cancelled since the application of said respondent did not meet the essential eligibility condition. There are several reasons why the application was liable to be rejected. It was correctly rejected on the eligibility condition not met as the said respondent failed to demonstrate in field verification of credentials that she had available the sum specified as closing balance, on the last date of submission of applications as in the corrigendum to the said notice, i.e. on 24th March, 2014.;


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