AMARESHWAR SAHAY, J. - (1.) THE Indian Oil Corporation Ltd., by an advertisement published in the newspaper on
(2.) 09.2000, invited applications for Petrol -Diesel dealer retail outlet and other dealerships for different areas from the eligible candidates fulfilling the eligibility criteria mentioned in the said advertisement including that of Petrol -Diesel retail outlet in Ranchi town (H.E.C., Ranchi). The said advertisement has been annexed as Annexure 1 to the present writ application, 2 The writ petitioner has challenged the grant of dealership of Petrol -Diesel retail outlet in favour of the respondent No. 4, Smt. Rinku Rai by the Indian Oil Corporation Ltd. for Ranchi town (H.E.C. Ranchi) on two grounds firstly, that the respondent No. 4 was not a resident of Ranchi district and secondly that her annual income was more than Rs. 2 lakhs per annum and, therefore, she was not eligible for grant of the aforesaid dealership in view of the eligibility criteria fixed by the Indian Oil Corporation Ltd. as mentioned in the advertisement (Annexure 1). The prayer of the petitioner in this writ application is to quash the grant of the aforesaid dealership in favour of the respondent No. 4 and for direction to Respondent -Indian Oil Corporation to grant the said dealership in his favour. The case of the petitioner is that pursuant to the aforesaid advertisement (Annexure 1), he as well as other persons applied for the dealership of the retail Petrol -Diesel outlet in Ranchi town (H.E.C. Ranchi). In all respect he was fulfilling all the eligibility criteria fixed/framed for the award of the said dealership. It has been stated that the candidates were interviewed by the Dealer Selection Board, constituted for the said purpose, selected the candidates by preparing the panel of three candidates in order to preference. According to the petitioner, in the said panel of three candidates his name appears at Serial No. 3, whereas the name of respondent No. 4 Smt. Rinku Rai figures at Serial No. 1, and the name of Rabindra Pradhan figures at Serial No. 2.
(3.) THE plea of the petitioner is that the respondent No. 4 is not a resident of the district of Ranchi, rather she after her marriage, is residing permanently at Bhagalpur with her husband, who is a Government servant and, therefore, being not a resident of Ranchi, she did not fulfil the eligibility criteria fixed/framed by the Indian Oil Corporation Ltd. It is asserted that only the residents of Ranchi district were eligible to apply for the aforesaid dealership. The second objection of the petitioner is that the total annual income of the petitioner including that of her husband is more than Rs. 2 lakhs per annum and, therefore, on that ground also she was not eligible for the said dealership, in view of the fact that the eligibility criteria was that the applicant must not have his/her annual income of more than Rs. 2 lakhs per annum. Therefore, her selection and her placement at Serial No. 1 in the select panel was illegal and was not justified.;