CHUNNI LAL LOHAR Vs. STATE OF RAJASTHAN & ORS
LAWS(RAJ)-2013-2-301
HIGH COURT OF RAJASTHAN
Decided on February 05,2013

Chunni Lal Lohar Appellant
VERSUS
State Of Rajasthan And Ors Respondents

JUDGEMENT

- (1.) Under an advertisement (Annexure-1) the Indian Oil Corporation Ltd. invited applications for award of retail outlet dealership at several locations including Phalasia in District Udaipur. The said dealership was earmarked for physically handicapped persons. Being eligible, the appellant-petitioner submitted an application to have retail outlet dealership at Phalasia. Certain documents, such as disability certificate, photostat copies of the fixed deposit receipts, certificate relating to financial capability etc. were also enclosed with the application. The appellant-petitioner was called for to face an interview before the selection committee on 14.7.2009, however, his candidature was rejected as he failed to produce the original fixed deposit receipts, photostat copies whereof were filed alongwith the application form. Being aggrieved by the same the appellant-petitioner preferred a petition for writ, that came to be rejected under the judgment impugned dated 13.3.2012.
(2.) Before learned Single Judge the argument advanced by the appellant-petitioner was that the advertisement in pursuant to which he submitted application, was dated 26.1.2008 and the interview was conducted on 14.7.2009 i.e. after a lapse of about 11/2 years and during the interregnum period the fixed deposit receipts, photostat copies whereof were annexed with the application riped and, therefore, maturity amount was withdrawn by the appellant-petitioner. Fresh fixed deposit receipts then were availed and the same were produced before the selection committee at the time of interview. To assess financial capability of the appellantpetitioner, the selection committee would have taken into consideration those fixed deposit receipts. Learned Single Judge while rejecting the argument advanced held that as per conditions prescribed under the advertisement the applicant should have shown originals of all the enclosures of the application remitted to the Indian Oil Corporation, but he failed to do so, thus, the application was rightly rejected.
(3.) To challenge the judgment aforesaid, this special appeal is preferred.;


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