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2012 DIGILAW 209 (ALL)

Marriya v. Union of India & Ors

2012-01-23

SATYA FOOT MEHROTRA, ULLAH KHAN

body2012
By the Court.—The present Writ Pe­tition has been filed by the petitioner, in-ter-alia, praying for quashing the Allotment Order dated 3-7-2012 (Annexure 11 to the Writ Petition), whereby Kisan Sewa Kendra dealership has been granted in favour of the respondent No. 4, pursuant to the Advertisement dated 1-7-2009. 2. It appears that an Advertisement dated 1-7-2009 was issued by Indian Oil Corporation Limited inviting applications for grant of dealership in respect of Kisan Sewa Kendra at various locations includ­ing the location in question. 3. Applications for grant of dealership in respect of Kisan Sewa Kendra at the location in question were submitted by various persons including the petitioner. Interviews were held on 26-11 -2010. There­after, results were declared, wherein the petitioner was placed at First Position, the respondent No.4 and Devanand Pandey (Partnership) were placed at Sec­ond Position, while the respondent No.5 was placed at Third Position. Represen­tation/ complaint was made by the re­spondent No. 5 against the petitioner as well as against the respondent No. 4 and Devanand Pandey (Partnership). Another complaint was made by the petitioner against the respondent No. 5. 4. As the complaints were not being decided, the respondent No. 5 filed Writ Petition being Civil Misc. Writ Petition No. 26029 of 201.1 before this Court. The said Writ Petition was disposed of by this Court by the Order dated 4-5-2011 direct­ing that the representation / complaint of the respondent No. 5 herein (petitioner in the said Writ Petition) be decided. 5. Thereafter, the General Manager, Indian Oil Corporation Ltd., Lucknow (Re­spondent No.2) considered the aforesaid representation / complaint and passed an Order dated 19-9-2011. By the said Or­der dated 19-9-2011, the candidature/se­lection of the petitioner was cancelled on the ground that the petitioner had sub­mitted fake Educational Certificates/ Mark-Sheets-alongwith her application. The petitioner, thereupon, filed a Writ Pe­tition before this Court being Civil Misc. Petition No. 61294 of 2011. This Court, by the Order dated 31-10-2011, dismissed the. said Writ Petition filed by the petitioner. 6. It appears that after cancellation of the candidature/selection of the peti­tioner, Indian Oil Corporation Limited by Communication dated 3-7-2012 (Annex-ure-11 to the Writ Petition) issued No-Ob­jection Certificate in favour of the respon­dent No. 4 for grant of dealership in re­spect of Kisan Sewa Kendra at the loca­tion in question. The petitioner has filed the present Writ Petition seeking quash­ing of the said Order dated 3-7-2012. 7. The petitioner has filed the present Writ Petition seeking quash­ing of the said Order dated 3-7-2012. 7. We have heard Miss. Shruti Malviya, learned Counsel for the petitioner and Sri Sanjiv Singh, learned Counsel for the respondent Nos. 2 and 3, and perused the record. 8. Sri Sanjiv Singh, learned Counsel for the respondent Nos. 2 and 3 submits that the present Writ Petition is the sec­ond Writ Petition filed by the petitioner in respect of the Selection in question and, therefore, the present Writ Petition is not maintainable, and the same is liable to be dismissed. 9. Miss. Shruti Malviya,-learned Counsel for the petitioner submits that the present Writ Petition is based on fresh cause of action, as the No-Objection Cer­tificate granted in favour of the respondent No. 4 is being questioned on the ground of an Order dated 9-1-2012 passed in Pub­lic Interest Litigation in Misc. Bench No. 178 of 2012, wherein a Division Bench at Lucknow Bench of this Court while dis­missing the Writ Petition, noted the state­ment made by the learned Counsel for Indian Oil Corporation Ltd. that "the allot­ment of Kisan Sewa Kendra would be made only in accordance with the Rules, to the persons, who were eligible". 10. We have considered the submis­sions made by the learned Counsel for the parties. 11. As is evident from the narration above, the candidature/selection of the petitioner was cancelled on the ground of submission of fake Educational Certifi­cates/Mark-Sheets by her alongwith her application. The said cancellation of the candidature/ selection of the petitioner was upheld by this Court, when this Court by the Order dated 31-10-2011 dismissed the Writ Petition being Civil Misc. Writ Petition No. 61294 of 2011 filed by the petitioner. 12. In view of the said Order dated 31-10-2011 passed by this Court, the pe­titioner ceased to have any right to get any allotment made in her favour of Kisan Sewa Kendra at the location in question. 13. In the Order dated 9-1-2012 passed by the Lucknow Bench of this Court in Misc. Bench No. 178 of 2012, the Division Bench took note of the sub­missions made by the learned Counsel for Indian Oil Corporation Limited regard­ing dismissal of the aforesaid Civil Misc. Writ Petition No. 61294 of 2011 filed by the petitioner. 14. 13. In the Order dated 9-1-2012 passed by the Lucknow Bench of this Court in Misc. Bench No. 178 of 2012, the Division Bench took note of the sub­missions made by the learned Counsel for Indian Oil Corporation Limited regard­ing dismissal of the aforesaid Civil Misc. Writ Petition No. 61294 of 2011 filed by the petitioner. 14. It is true that the Communication dated 3-7-2012 granting No-Objection Certificate in favour of the respondent No. 4 was not the subject-matter of the aforesaid Civil Misc. Writ Petition No. 61294 of 2011 filed by the petitioner but having regard to the facts that the cancellation " of the candidature/selection of the peti­tioner was made on the ground that she had submitted fake Educational Certifi­cates/Mark-Sheets and the said cancel­lation was upheld by this Court, we are not inclined to exercise our Writ Jurisdic­tion under Article 226 of the Constitution of India in the present case. 15. The Writ Petition filed by the pe­titioner is liable to be dismissed, and the same is, 'accordingly dismissed. Petition dismissed.