Arun Bhansali, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the order dated 07.08.2014 (Annex. -11) issued by the respondent No. 1 - The Hindustan Petroleum Corporation Ltd. ('Corporation'), whereby the candidature of the petitioner has been rejected and the security amount of Rs. 50,000/ - deposited with the Corporation has been forfeited.
(2.) THE respondent -Corporation, published an advertisement in daily newspaper dated 21.09.2013 inviting applications for various locations, from eligible candidates for grant of LPG Distributorship including Bikaner -11, which was reserved for Other Backward Class ('OBC'). The petitioner applied pursuant to the advertisement; the Senior Regional Manager of the respondent -Corporation sent a communication dated 20.12.2013 pointing out certain defects in the application; it is claimed that the defect pointed out were cured and the petitioner was found eligible for allotment of LPG Distributorship and was included for draw of lots and a communication dated 21.01.2014 was sent to the petitioner for remaining present during the draw of lots scheduled for 12.02.2014, which was postponed to 28.02.2014. On 28.02.2014, the petitioner's name was drawn and she was declared as selected candidate and a communication was issued to the petitioner requiring to deposit a sum of Rs. 50,000/ - being 10% of the security amount by way of Demand Draft. Whereafter, at the instance of the respondent -Corporation, an Inspection Report was prepared by Patwari regarding the land offered for godown; the officers of the respondent -Corporation visited the site for carrying out Field Verification of Credentials ('FVC'). It is claimed that the petitioner's father -in -law and uncle -in -law are having 1 Bigha land each and both of them left 17'.5'' land each from their respective plots for optimum use of the land and their family members have established their Industries along the said 35 feet wide road, which is being used for the purpose of access to the last point of both the lands, the petitioner took on lease land admeasuring 77'.6'' x 110' from Sohanlal Prajapat and land admeasuring 15' x 110' from Om Prakash Prajapat, the lessors. It is further submitted that the lessors have given consent to the effect that if the petitioner establishes a Gas godown and uses the existing 35 feet wide road constructed on their land, they would have no objection. It is claimed that after the FVC was conducted, the petitioner did not hear anything, however by order dated 07.08.2014 (Annex. -11), the petitioner's candidature has been rejected, inter alia, on the ground that though (i) the petitioner belong to OBC Category, she did not fulfill the non -creamy layer status and (ii) the land offered for establishment for godown is not connected with all Motorable Approach Road (public road or private road of the applicant connecting to the public road).
(3.) IT is, inter alia, submitted by learned counsel for the petitioner that the respondents scrutinized the application form submitted by the petitioner alongwith the documents and pointed out only one defect regarding the appropriate OBC Certificate and did not raise any objection regarding the ownership of the road leading to the godown; based on such verification, the petitioner was found eligible and was included in the draw of lots and once selected, now it is not open for the respondent -Corporation to reject the candidature of the petitioner on any ground. It is submitted that the FVC is meant for documents only and it is not the case of the respondents that the documents produced by the petitioner were not in order and, therefore, now the respondents cannot reject the candidature of the petitioner. It is further submitted that the requirement of the applicable guidelines (Annex. -R/3) submitted by the respondents, provide that in case of private road connecting to the public road, the same should belong to the applicant/member of the family unit as per the ownership criteria defined below; admittedly the land of the private road belongs to the petitioner's father -in -law and he is a member of the family.;