Mohammad Rafiq, J. - (1.) This writ petition has been filed by the petitioner aggrieved by rejection of his candidature for allotment of retail outlet dealership of M/s. Indian Oil Corporation Ltd. Learned counsel for the petitioner submitted that the respondent -corporation issued an advertisement in newspaper on 14.05.2005 for award of retail outlet dealership at various places in Rajasthan under the scheme of Kisan Seva Kendra for supply of diesel, lubricant oil etc. The petitioner is bonafide resident of village Dhodh, Sikar and she had requisite qualification of Matriculation (Class X) to get allotment of the dealership. The petitioner having sufficient land submitted an application to the respondent. Mother -in -law of the petitioner, who is also having sufficient land, submitted an affidavit to the Corporation that she is ready to deliver the land to the petitioner and the Corporation if the outlet is allotted to the petitioner. The petitioner appeared before the selection committee on 28.07.2005 with all requisite documents in original. She was the only candidate who appeared for interview. When the petitioner did not receive order of allotment, she submitted a representation on 09.08.2005 followed by another representation on 22.08.2005. The respondent issued order dated 13.10.2005 rejecting the application of the petitioner. The petitioner filed S.B. Civil Writ Petition No. 8982/2005 which was disposed of vide order dated 26.05.2006 with direction to the respondents to consider the candidature of the petitioner. The petitioner submitted representation along with secondary school certificate as well as copy of order dated 26.05.2006. The petitioner submitted another representation before the Ministry of Petroleum, Government of India on 11.10.2006. Thereafter on 28.10.2006 the Secretary to Government of India, Ministry of Petroleum and Natural Gas, New Delhi sought explanation from the respondent.
(2.) The respondent -corporation intimated to the Government that they are going to conduct fresh interview for selecting KSK RO dealership in the month of December, 2006. The respondent directed the petitioner to appear on 06.01.2007 for interview, but the interview was postponed. Thereafter, the respondent again directed the petitioner to appear for interview on 18.06.2007 with original documents and affidavit that she is not LOI holder of any Retail outlet dealership or LPG Distributorship of any Oil Company. The petitioner though prepared affidavit on required format on 16.06.2007, but again the interview was postponed. Thereafter, the petitioner filed S.B. Civil Contempt Petition No. 111/2007 before this Court wherein the respondents submitted that they would comply the order of this Court within six month. Contempt petition was disposed of on 05.07.2007. Thereafter, the respondent issued a corrigendum notice for the same location for allotment of retail outlet of KSK at village Dhodh, District Sikar. The petitioner submitted application with all requisite documents. Thereafter, the petitioner submitted a representation for compliance of the order of this Court. The petitioner submitted the same affidavit before the respondent with application and all documents which she submitted before them on 16.06.2007 stating therein that neither she, nor her close relatives, i.e. spouse, unmarried sons and daughters are having any ROSKP -LDO Dealership or LPG Distributorship. The respondents refused to call the petitioner for interview on a vague ground that the affidavit of relationship was not as per format. It is argued that the rejection of the affidavit of the petitioner was wholly arbitrary and unjust. The respondent could have asked the petitioner to file another affidavit in the required format. Affidavit submitted by the petitioner was in the format which was prescribed at the time she filed earlier application. The respondent has deliberately rejected the candidature of the petitioner with mala fide reasons.
(3.) Learned counsel for the respondent has, relying upon the decision rendered by Division Bench of this Court at Principal Seat at Jodhpur dated 04.03.2013 in the case of Indian Oil Corporation &. Ors. vs. Shyam Sunder, D.B. Civil Special Appeal (Writ) No. 390/2012), argued that this issue is no more res -integra and decided in favour of the respondent that if there is difference in the format of affidavit of the application and the affidavit required by the oil company, the respondent would be justified in rejecting the application of the candidate. Learned counsel for the respondent has referred to affidavit now submitted by the petitioner (Annexure -14) and compared with the affidavit submitted by the petitioner with her application(Annexure -8) and submitted that there are lots of differences between two formats.;