JAI PRAKASH Vs. INDIAN OIL CORPORATION LTD
LAWS(RAJ)-2009-4-125
HIGH COURT OF RAJASTHAN
Decided on April 22,2009

JAI PRAKASH Appellant
VERSUS
INDIAN OIL CORPORATION LTD Respondents

JUDGEMENT

- (1.) Vide order dt.07/01/09, this Court observed to finally dispose of matter at admission stage; hence matter was finally heard at joint request.
(2.) Instant petition has been filed by a freedom fighter assailing communication dt. 28/08/08 (Ann.9) whereby his application form for awarding LPG distributorship at Kotputli (Jaipur rural) against reserved category of freedom fighter was rejected by Indian Oil Corporation Ltd ("IOC") (respondents) on the premise that necessary documents were not annexed with application form which was required to be completed at the time of its submission in terms & conditions of advertisement dt.03/11/07 (Ann.5).
(3.) Respondent (IOC) & other Oil Companies issued common advertisement dt.03/11/07 (Ann.5) inviting applications on or before last date 03/012/2007 from amongst candidates belonging to different categories including freedom fighter for awarding LPG distributorship in various categories at locations in State of Rajasthan. In pursuance whereof, petitioner & respondent No. 3 claiming themselves as freedom fighter & eligible applied for through their separate applications for allotment of retail out-let of IOC for Kotputli (Jaipur district). However, application of petitioner was rejected by respondents (IOC) vide letter dt.28/08/08 on the premise that he failed to enclose his affidavit Ann.A alongwith the application form which makes him ineligible from participating in process of selection initiated for award of LPG distributorship of IOCL at Kotputli under Freedom Fighter category. As per Cl.19 whereof, applicant should put serial number on all pages of application including attachments and sign on each page; and there was further rider that if form is incomplete in any respect, it shall be outrightly rejected without affording opportunity of hearing; taking note whereof, communication dt.28/08/08 (Ann.9) was made to petitioner rejecting his candidature due to his application form being incomplete. After rejection of form of petitioner, interviews took place on 15/09/2008 and before person finally selected could be considered for grant of letter of intent, at this stage petitioner approached this Court and because of interim order passed on 27/09/08, respondents were restrained from finalising LPG distributorship at Kotputli, impugned in the instant petition.;


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