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2009 DIGILAW 537 (JK)

Bashir Ahmad Magray v. Indian Oil Corp. Ltd.

2009-11-06

J.P.SINGH

body2009
1. Petitioner has filed this Writ Petition, seeking issuance of a writ of Certiorari quashing the empanelment of candidates for Indane LPG Distributorship at Pulwama, prepared by the Indian Oil Corporation Limited, and for a direction to the Corporation to award requisite marks to the petitioner, in terms of the prescribed criteria, taking into consideration the land and property offered by him to seek consideration for his selection as LPG Distributor for Pulwama. 2. The case set up by the petitioner, to seek the reliefs indicated in his Writ Petition, in a nut shell, is that while operating the criteria fixed by the Corporation for assessing the suitability of candidates, for award of Indane LPG Distributorship for Pulwama, the petitioner was not allocated any mark for 10 kanals of land situated at Nowpora Payeen Tehsil and District Pulwama, besides the land measuring 5 kanals, whereas Haji Ghulam Mohammad Nengroo-respondent No.6 and Hilal Ahmad Dar-respondent No.7, situated similarly were awarded 25 marks each for the land offered by them for setting up of the Godown for storage of filled LPG Cylinders. 3. To substantiate his case, the petitioner has placed on records the revenue extracts, certificate issued by the Collector, Agrarian Reforms, Pulwama, about the valuation of his land, besides the photo copy of his Application Form and other documents about his income and other particulars. 4. The respondents have contested the petitioners Writ Petition, inter alia, on the ground that the only land which had been offered by the petitioner for LPG Godown for storage of filled LPG Cylinders at Pulwama measured 75 X 60, which was much less than the required Plot of land, which in terms of the Advertisement Notice, was required to have the following dimensions i.e. 27 m X 26.15 m i.e. 87.7 X 84.9. And it was because of this reason that no marks were awarded to the petitioner for his possessing requisite Plot of land for LPG Godown for storage of filled LPG Cylinders. It is stated by the respondents that barring 5 kanals of land where Plot mesuring 75 X 60 had been offered for setting up the Godown for storage of filled LPG Cylinders, the petitioner had not offered any other land including 10 kanals of land referred to in the Writ Petition. 5. It is stated by the respondents that barring 5 kanals of land where Plot mesuring 75 X 60 had been offered for setting up the Godown for storage of filled LPG Cylinders, the petitioner had not offered any other land including 10 kanals of land referred to in the Writ Petition. 5. The issue that, therefore, falls for determination, in this Petition is as to whether or not the petitioner had offered requisite land, in terms of the Advertisement Notice, to seek consideration for award of Indane LPG Distributorship which the Corporation had failed to evaluate for determining the petitioners suitability for the distributorship. 6. To deal with the above issue, reference needs to be made to Clauses 11 prescribing evaluation Criteria for selection and 13.1 prescribing dimensions of the Plot of land needed for Godown for storage of filled LPG Cylinders of the Advertisement Notice, which read thus:- "11. Selection Process and Evaluation criteria: The LPG distributor will be selected on the basis of evaluation of all eligible applicants on the following parameters: a. Capability to provide infrastructure* 35 marks b. Capability to provide finance* 35 marks c. Educational qualification ** 15 marks d. Age** 4 marks e. Experience 4 marks f. Business ability/acumen 5 marks g. Personality** 2 marks Total marks 100 marks" "13.1 GODOWN FOR STORAGE OF FILLED LPG CYLINDERS: Godown approved by Chief Controller of Explosives is required for storage of filled cylinders. Godown/land for construction of Godown will be suitable, if it is located within 15 kms or in the area of operation (trading area) of the advertised location, freely accessible through all weather motorable approach road. The Plot should be plain, in one contiguous lot, free from overhead power transmission or telphone lines, Pipelines/ Canals/ Drainage/Nallahs/Public Roads should not pass through the Plot. Minimum Dimensions of Plot : 27 m X 26.15m" 7. The Plot should be plain, in one contiguous lot, free from overhead power transmission or telphone lines, Pipelines/ Canals/ Drainage/Nallahs/Public Roads should not pass through the Plot. Minimum Dimensions of Plot : 27 m X 26.15m" 7. The records of the Corporation and the Form filled in, by the petitioner indicate that the Plot of land which had been proposed by the petitioner for Godown for storage of filled LPG Cylinders, in the site plan, annexed with his Application, a necessary requirement, as indicated in the Form, measures 75 X 60, which admittedly was less than the land required for the Godown, in terms of Clause 13.1 of the Advertisement Notice, in that, the rest of the portion of the land in the site plan was the built up area. It would be advantageous at this state to refer to item 12 of the Application Form for LPG Distributorship which every candidate, desirous of seeking consideration for appointment as distributor was required to fill in. Item 12 of the Application Form is reproduced hereunder, for reference:- "12. INFRACSTRUCTURE (As on the daqte of Application) a. Godown Specification of Land for LPG godown; Minimum Dimensions of Plot : 27m x 26.15m Do you have a suitable land at or near the advertised location for LPG godown or LPG godown readily available owned/leased in your own name or in name any Member of your Family Unit. Yes/No If yes, attach a site map of the Plot or godown showing details of properties, roads And structures etc around the Plot up to 100 Meters distance, Plot plan (1-1000) With survey Nos, (Khasra Nos indicating the roads/landmarks etc. and copies of Ownership documents/lease agreement. (in case it is in the name of family please Also attach no objection from him/her." 8. Petitioners case as projected at the time of the consideration of the Writ Petition, that besides the land indicated in the site plan, which admittedly did not have requisite measurement, as indicated in the Advertisement Notice, he had offered other land too measuring 10 kanals, for which he was not properly evaluated by the Selection Committee, is not found substantiated, in that, neither is this 10 kanals of land shown to be exclusively owned by the petitioner nor does it appear to have been offered by him to the Corporation for the Godown for storage of filled LPG Cylinders. No site plan of this 10 kanals of land, was supplied by the petitioner along with his Application, in that, the only site plan which forms part of the records pertains to the Plot measuring 75 X 60 in a built up area over land measuring 5 kanals. 9. The documents placed on the records by the petitioner further reveal that the petitioner is not the exclusive owner of 10 kanals of land, in that, the land is indicated to be jointly owned by the petitioner and other co-sharers and in this view of the matter, he having omitted to supply with his Application, the consent of the other co-sharers in offering 10 kanals of land for the Godown, the Corporation cannot be said to have erred, in not evaluating the petitioners case for award of marks, as was done in case of other candidates who had offered requisite land as indicated in the Advertisement Notice. 10. The plea projected by the petitioner that his case was similar to those who were awarded 25 marks for offering their land has not been substantiated on facts, in that, the only land which he had offered for the Godown, was not of the requisite specification. 11. In view of the above discussion, it is thus established that the only piece of land which had been offered by the petitioner for the Godwon for storage of filled LPG Cylinders, was the one measuring 75 X 60 which did not satisfy the conditions prescribed in the Advertisement Notice and not the other piece of land measuring 10 kanals, documents in respect whereof appear to have been supplied to indicate his capability to provide finance and in this view of the matter no fault can be found in the Corporations evaluation of petitioners merit for selection for award of LPG Distributionship where he had been found lower in merit to the others. 12. There is, thus, no merit in this Writ Petition which is, accordingly, dismissed along with CMP No. 1860/2009 vacating interim order dated 10.08.2009.