JUDGEMENT
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(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maturity amount was withdrawn by the appellant-petitioner.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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