- (1.) HEARD . On a consideration of the averments made in the application, supported by an affidavit, delay of 10 days in filing the accompanying appeal is condoned. The application is allowed.
(2.) IN appeal: Being aggrieved by the judgment and order dated 13.12.2013, passed in S.B. Civil Writ Petition No.13823/2013, rejecting his assailment of the decision of the respondent -Corporation herein, declaring him to be disqualified for L.P.G. Distributorship at village Baner, District Bhilwara under the Rajiv Gandhi Gramin LPG Vitrak Scheme (for short, hereafter referred to as' the Scheme'), the writ -petitioner in appeal seeks redress. We have heard Mr. Ravi Chirania, the learned counsel for the appellant/writ -petitioner.
(3.) IN short, the essential facts are that the appellant/writ - petitioner had offered his candidature in response to an advertisement dated 17.10.2009 published, inter alia, by the respondent -Corporation for appointment of LPG Distributorship under the above Scheme. The advertisement set out conditions of eligibility, inter alia, that a candidate should have minimum secondary qualification or equivalent and that his entire family should have minimum deposit of Rs.2 lacs in the bank account on the date of submission of the application offering the candidature. Out of 100 marks prescribed, 50 marks were for financial capacity, 10 for income and 40 for educational qualification. The last date for submitting the application was 16.11.2009. According to the appellant/writ -petitioner, by complying all the requirements, he did submit his application for the retail outlet at Banera in District Bhilwara before the last date i.e. 16.11.2009. He stated that he did pass the secondary examination and on the date of submission of the application, he, in his bank account, was having a deposit of over Rs.2 lacs. He has claimed that on a scrutiny of his educational qualification, he was declared qualified for the draw for selection of the distributorship, but for inexplicable reasons, the date therefor got shifted on three occasions. He eventually attended the draw held on 24.08.2012 and claimed to have been declared to be selected candidate by the concerned committee. Subsequent thereto, on 13.12.2012 a team of higher officers of the respondent -Corporation made a field verification of the bank account, Tehsil records and school records of the appellant/writ -petitioner and found the same in order. It was thereafter that without issuing any notice or affording any prior opportunity of hearing to him, his candidature was rejected by the impugned letter/order dated 13.07.2013 on the following grounds: - "1. Your educational qualification has been found only upto "Secondary School Examination -1991". You have not passed any further higher board examination. Yours marks under educational qualification are thus reduced from 35 to 32. 2. You have shown a closing balance of Rs.202590.72 in your bank account on the date of application. During Field Verification, this amount has been found as Rs.102590.72. Due to this, your marks under financial capability have been reduced from 35.3 to 26. 3. Due to variations as observed in point no.1 and 2 above, you are getting 68 marks against minimum 80 marks required under evaluation for eligibility. 4. You are not having liquid fund of minimum Rs.2.00 lakh required for eligibility." ;