Letters Patent Appeal No. 1099 of 2010 in Special Civil Application No. 3537 of 2010. Case: Deepa Ganpatbhai Parmar Vs Indian Oil Corporation Ltd. and 2 Ors.. High Court of Gujarat (India)
| Case Number | Letters Patent Appeal No. 1099 of 2010 in Special Civil Application No. 3537 of 2010 |
| Counsel | For Appellant: B.B. Naik, Sr. Adv. and Parthiv A. Bhatt, Adv. And For Respondents: Manish R. Bhatt and Mauna M. Bhatt, Advs. and Makbul I. Mansuri, Adv. |
| Judges | S.J. Mukhopadhaya, C.J. and Anant S. Dave, J. |
| Issue | Constitution of India - Articles 14 and 19 |
| Judgement Date | May 10, 2011 |
| Court | High Court of Gujarat (India) |
Judgment:
Anant S. Dave, J., (At Ahmedabad)
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This appeal under Clause 15 of the Letters Patent arises out of oral judgment dated 21.04.2010 delivered by the learned Single Judge in Special Civil Application No. 3537 of 2010 by which prayer for issuance of direction to Respondent - Indian Oil Corporation to issue a letter of intent for grant of retail outlet dealership [for short, "the outlet"] of the Respondent Corporation at Palanpur in the State of Gujarat to the Petitioner, who was placed at Sr. No. 1 in the list of successful selectees prepared by the Selection Committee of the Respondent corporation, pursuant to the public advertisement issued by the Corporation in daily newspapers, as per guidelines issued by the Respondent-Corporation, is refused.
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For the sake of convenience, brief facts, as admitted by the Respondent-IOC in its affidavit reply, are reproduced herein below:
[1] An advertisement was released in Times of India, Ahmedabad, dated 31.07.2009, and Divya Bhaskar, Ahmedabad, dated 09.08.2009 for selection of dealers under SC/ST categories for Gujarat State.
[2] No amendment/corrigendum was released after the advertisement.
[3] The last date for receipt of application was 07.09.2009.
[4] Palanpur, District Banaskantha, Gujarat, is one of the locations in the said advertisement under "SC" category.
[5] Applications received by due date were scrutinized and eligible and ineligible applications were segregated as per procedure.
[6] Selection process by way of nomination of Level-I/Level-II committees are governed by Policy Circular No. 90-10/2005(RO/6002) dated 10.01.2005.
[7] Level-I committee awards marks to eligible applicants based on documents submitted along with the applications. There is no involvement / presence of applicants during in Level-I.
[8] Level-II Committee personally interviews the candidates and declares the merit panel based on marks awarded by Level-I committee and marks secured during interview. Merit panel and marks secured by each candidate under various parameters are displayed at the venue of the interview on the same day of conclusion of personal interviews.
[9] Out of the total eligible marks of 40 for SC/ST category dealer selection, 31 marks are for Level-I committee and balance 9 marks are for level-II committee. The minimum marks required for selection is 50% of total eligible marks.
[10] Out of the total six locations advertised under ADO, after completion of Level-I markings, interviews were held for 5 locations during the period from 14 to 19.12.2009 at Ahmedabad Divisional Office.
[11] For all the five locations, the Level-I committee was the same. Similarly, the nominated Level-II committee conducted interviews for all the five locations and declared the merit panel along with marks.
[12] For the location Palanpur, the personal interviews were held on 16 & 17-12.2009 and the merit panel and marks were declared on 17.12.2009. The merit panel for the location is under:
[i] No. 1-Smt. Geetaben Ganpatbhai Parmar
[ii] No. 2-Shri Kalpeshkumar Hiralal Vania
[iii] No. 3-Shri Jignesh Khemchandbhai Patel
[13] As per procedure, with the approval of competent authority, FIR for the No. 1 candidate in the merit panel was carried out. In the meantime, the Respondent received complaint / representation from the No. 2 candidate in the merit panel, Shri Kalpeshkumar Hiralal Vania, dated 24.12.2009 and 04.01.2010. As per procedure, complaints / representation was investigated by a...
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