THANGJAM PREMAVANI CHANU Vs. BHARAT PETROLEUM CORPORATION LIMITED

JUDGEMENT

(1.) By this writ petition, the petitioner seeks to quash the impugned letter dtd. 24/11/2019 whereby the candidature of the petitioner was cancelled and also the advertisement dtd. 19/1/2020 calling for application for appointment of retail outlet in respect of the location Within 3 KM from Sainik School Imphal towards Lamlong Bazaar under OBC category. The petitioner also sought direction on the respondents to award retail outlet (petrol pump) dealership to her at the location within 3 KM from Sainik School Imphal towards Lamlong Bazaar under OBC category.

(2.) The case of the petitioner is that pursuant to the advertisement dtd. 25/11/2018 inviting applications for appointment of 59 retail outlet dealers at various locations in the State of Manipur, the petitioner submitted an application along with necessary application fee on 20/12/2018 in the OBC category for awarding retail outlet dealership located at Within 3 KM from Sainik School, Imphal towards Lamlong Bazaar on Imphal-Pangei Road, District Imphal East. According to the petitioner, the mode of selection is by draw of lots and lot was held on 20/2/2019 and the petitioner was selected. The second respondent informed the petitioner that based on draw of lots for selection, she is declared as selected and requested the petitioner to remit online Rs.40,000.00 towards initial security deposit and also to submit necessary documents along with OBC certificate. The petitioner had also paid the amount of Rs.40,000.00 and submitted necessary documents. After receiving the aforesaid documents, the BPCL's Land Evaluation Committee visited the site and also verified the area of the land by taking measurement and informed the petitioner about the suitability of the land for location of the retail outlet dealership.

(3.) Further case of the petitioner is that the original OBC certificate dtd. 22/12/2018 was lost on the way in between Koirengei and Mantripukhri, for which she has lodged a complaint before the Heingang Police Station to trace out the lost original OBC certificate. The petitioner also informed the second respondent about the loss of her original OBC certificate and also the complaint made in that regard. Since the original OBC certificate was lost, the petitioner could not produce her original OBC certificate at the time of field verification made by the officers of BPCL. However, the petitioner has produced her original OBC certificate issued earlier to show the factum that she is an OBC certificate and she does not belongs to the Creamy Layer category. But the officers of BPCL insisted the petitioner to produce the original OBC certificate dtd. 22/12/2018 as a copy of the said certificate was submitted by the petitioner earlier. Thereafter, the second respondent wrote a letter informing the petitioner that her candidature stands cancelled, as she was not in possession of the caste certificate on the date of application as declared in the application. Challenging the same, the petitioner has filed the present writ petition.