HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37198 of 2014 Date: 16.12.2014 Between:
Obula Reddy Narayana Reddy, S/o. Narayana Reddy, Aged about 39 years, r/o. Munnelli Village, B.Kodur Mandal, YSR Kadapa District.
.. Petitioner AND The Indian Oil Corporation Limited, rep.by its Chairman and Managing Director, Registered Office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai, Maharashtra State and others.
.. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37198 of 2014 ORDER:
In the draw of lots conducted on 10.10.2014 for selection as Distributor to Rajiv Gandhi Gramin LPG Vitrak (RGGLV) in Munnelli/Kodur, YSR Kadapa District, petitioner was selected. However, in the Field Verification, having found that minimum bank balance required to be maintained as on the late date for submission of applications was not maintained by the petitioner, by letter dated 21.11.2014, impugned in this writ petition, petitioner was informed that his candidature was rejected. Aggrieved thereby, this writ petition is instituted.
2. The facts in issue are in narrow compass. On 12.09.2013, open advertisement was issued by Indian Oil Corporation Limited, Bharat Petroleum Corporation Limited and Hindustan Petroleum Corporation Limited calling for applications for enlistment of Distributors under the RGGLV in several locations in the erstwhile State of Andhra Pradesh. One of the locations notified was Munnelli/Kodur in YSR Kadapa District at Sl.No.75. The last date for submission of applications was 11.10.2013, which was subsequently extended to 18.11.2013. Petitioner submitted his application for above location on 11.11.2013. After the scrutiny of applications, petitioner name was short listed for selection as distributor by way of draw of lots. In the draw of lots conducted on 10.10.2014, petitioner was the successful candidate. Accordingly, on the same day, petitioner was directed to deposit an amount of Rs.20,000/- for the purpose of conducting Field Verification of Credentials (FVC). On deposit of the said amount, Field Verification of Credentials was conducted by the respondent corporation and having found that the bank balance in the account of the petitioner was falling short of minimum requirement of Rs.40,00,000/-. Petitioner was found to be not fulfilling one of the requirements of the advertisement and accordingly, by letter dated 21.11.2014, impugned herein, petitioner was informed that his candidature was liable to be rejected on the said count.
3. Heard learned counsel for the petitioner and learned standing counsel for respondent corporation.
4. Learned counsel for the petitioner contends that as on the last date as notified in the advertisement issued on 12.09.2013 i.e., 11.10.2013, the minimum balance required was available in the savings bank account of the petitioner. He further contends that as per Clauses-14 and 15 of the advertisement, petitioner is required to fulfill the other financial criteria at the time of awarding of dealership and petitioner would have complied with all the requirements before the dealership was actually granted. Learned counsel further contends that petitioner was forced to withdraw an amount of Rs.2,35,000/- due to sudden illness of his brother and in fact his brother subsequently died. The amount withdrawn on 08.11.2013 was immediately deposited. By the time the decision was taken, there was sufficient balance in the account of the petitioner. Learned counsel further contends that if only an opportunity was given to the petitioner, petitioner would have satisfied the competent authority the reasons of withdrawal and availability of sufficient balance in the account, that a representation was submitted by the petitioner, but the same was not considered, that the impugned order is passed without even giving an opportunity of hearing and it amounts to arbitrary exercise of power and jurisdiction. It is also further contended that petitioner being handicapped person with 65% disability, more leverage ought to have given to the petitioner and granting of such dealership to person, like petitioner would enable overcoming the physical disability and standing on his own.
5. Learned standing counsel contends that as per the conditions of advertisement as well as brochure for selection of Rajiv Gandhi Gramin LPG Vitrak (RGGLV), it is mandatory that minimum bank balance of Rs.4,00,000-00 should be maintained as on the last date of submission of applications. In the advertisement last date for submission of applications was indicated as 11.10.2013. However, it was subsequently extended to 18.11.2013. Minimum balance was required to be maintained till 18.11.2013, whereas on 08.11.2013 petitioner has withdrawn the said amount. Learned standing counsel referred to Clause-3(g) of the notification in support of his contention that as on the last date for submission of applications, as specified in the advertisement or corrigendum, the minimum balance should be maintained. He, therefore, submits that there is no illegality in rejecting the application of the petitioner.
6. Combined notification was issued by three oil companies. Three Oil Companies have formulated guidelines for selection of distributor. These guidelines lay down the procedure of selection of distributor. It specifies eligibility criteria. The eligibility criteria as prescribed in the brochure is also reflected in the notification issued. The respondent corporation provides reservation in favour of various social groups including the physically handicapped persons. One of the categories having exclusive reservation is classified as Open Combined Category (OCC). It is a combined category. Persons with physically incapacity (Physically Handicapped), Outstanding Sports Persons (OSP) and Freedom Fighter (FF) are clubbed into this category. Munnelli/Kodur is reserved for open combined category [O(CC)]. In this category the persons belonging to above groups alone are entitled to be considered. Para-3 of the notification prescribes common eligibility criteria for all categories.
7. One of the important criteria prescribed is contained in para-3(g). As per this para, a minimum total amount of Rs.4,00,000/- should be maintained as closing balance as on the last date for submission of application as specified in the advertisement or in the corrigendum. Insofar as this writ petition is concerned, this clause is only relevant. Conscious of the requirement of minimum bank balance of Rs.4,00,000/-, petitioner ensured that in his savings bank minimum amount is available. However, without realizing the requirement to continue to maintain the minimum balance till the last date expires, petitioner withdrew the amount.
8. As per the selection procedure, only basic verification is undertaken before final selection process is over. After the selection process is completed and in the draw of lots a candidate is identified, the Corporation conducts Field Verification Credentials. In the Field Verification, the Corporation verifies the fulfilment of various parameters required, such as, availability of land for establishing LPG Godown/ready made godown, office space, required bank balance, the certificates in order to qualify for special reservation category etc. Thus, while conducting field verification, the respondent corporation noticed that on the last date i.e., 18.11.2013, the minimum bank balance in the savings bank account of the petitioner did not contain Rs.4,00,000/- and petitioner has withdrawn the amount of Rs.2,35,000/- on 08.11.2013. He was accordingly informed.
9. Even according to the petitioner, application was submitted on 11.11.2013. Thus, even before the application was submitted, the minimum balance was not maintained and petitioner has withdrawn an amount of Rs.2,35,000/- on 08.11.2013. Today counsel for the petitioner produced computer generated statement of account, which also disclose the withdrawal of the amount of Rs.2,35,000/- on 08.11.2013. He has not taken steps to ensure minimum balance as on 18.11.2013.
10. The advertisement prescribed the eligibility criteria in order to participate in the selections. Para-3(g) is very clear and categorical that the person applying should maintain minimum bank balance as on the last date of submission of applications as originally notified or subsequently extended. Though originally it was notified as 11.10.2013, it was extended till 18.11.2013. In fact, applicant has applied after the last date was extended. Thus, it is mandatory for the applicant to maintain minimum balance of Rs.4,00,000/- in his savings bank account till 18.11.2013. This clause is uniformly applied to all candidates by all three corporations. Thus, it cannot be said that respondent corporation acted in arbitrary and discriminatory manner in rejecting the application of the petitioner. The Corporation has strictly complied the terms of the notification. Petitioner has to blame himself for withdrawing the amount even before the last date is over. It appears, petitioner withdrew the money even before he applied. Petitioner was praying to consider his case as an exception, even though there was violation of mandatory requirement since he is an handicapped person. However, it is seen that all these groups included in OCC are special category persons. Every one of them needs such assignment. No exception can be made to petitioner. Furthermore, there may be many more who intended to apply but did not apply due to paucity of funds. Thus, no individual relaxation can be granted in such mandatory requirement. I see no error in the decision of the respondent corporation in rejecting the candidature of the petitioner.
11. The Writ Petition is accordingly dismissed. There shall be no order as to costs. Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 16.12.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37198 of 2014 Date: 16.12.2014 kkm