RAJ KUMARI WIFE OF OM PARKASH Vs. INDIAN OIL CORPORATION LIMITED
LAWS(P&H)-2014-8-528
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 08,2014

RAJ KUMARI WIFE OF OM PARKASH Appellant
VERSUS
INDIAN OIL CORPORATION LIMITED Respondents

JUDGEMENT

- (1.) The petitioner seeks for quashing of letter of intent and allotment of retail outlet dealership for the location at Village Karhans, District Panipat that has been allotted to the 3rd respondent. The petitioner had been an applicant, responding to an advertisement that had been previously issued, along with the 3rd respondent for "location No.123" in the year 2004. The dealership was offered exclusively to woman of scheduled caste category. A panel had been drawn in which the 3rd respondent had been ranked at No.1, while the petitioner was ranked at No.3. A person Meenakshi Ranga, who was ranked 2, was an allottee of an outlet elsewhere and, therefore, withdrew from contest. When the letter of intent was issued on 27.11.2004 to the 3rd respondent, the petitioner had filed CWP No.17198 of 2005 complaining of the allotment as not being in conformity with the rules and the policy. The particular objection taken by the petitioner was that the 3rd respondent was a proprietor of Shweta Clinic and Maternity Home at Jhajjar (Haryana) and that she was not entitled to allotment since a policy that was drawn up pursuant to the directions of the Supreme Court required the dealership/distributorship should be to a full time working dealer and that if a person was in service, he or she must resign and produce proof of the acceptance with the employer. The policy dictum was that a person having a business profession or vocation shall withdraw before issuance of the letter of appointment.
(2.) The 3rd respondent contested the writ petition along with the Corporation and she had stated that it was merely a stage of letter of intent and she would surrender her licence to practice, if the allotment had been made to her. The writ petition was ultimately disposed of, accepting the plea of the Corporation that merely a letter of intent had been given and, therefore, the writ petition was premature and the rights had not fructified with any allotment.
(3.) It appears that the Corporation could not find a suitable property at the location 123 and without having to go for a fresh advertisement process, the Corporation identified yet another location at Karhans in District Panipat and issued a letter of intent on 15.07.2009. This was followed up soon with the letter of allotment for the property identified, on 23.08.2009.;


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