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Madhya Pradesh High Court · body

2014 DIGILAW 650 (MP)

Mamta Devi v. Indian Oil Corporation Ltd.

2014-06-17

SUJOY PAUL

body2014
ORDER 1. Petitioner is aggrieved by order dated 20.5.2014, whereby her candidature is rejected on the ground that she does not fulfill the eligibility criteria. The amount of Rs.20,000/- deposited with the application is forfeited as per clause 14 of the advertisement. 2. Learned counsel for the petitioner fairly submits that the petitioner has not suppressed any material fact. In her petition, paragraph 6.5 also, the petitioner has mentioned that the land is in the name of father-in-law of the petitioner. 3. In the opinion of this Court, the definition and eligibility criteria of the brochure is material. In other words, the eligibility criteria mentioned in the brochure will prevail for the purpose of selection and provisions of Hindu Succession Act etc. will have no application in the matter of grant of allotment of petroleum outlet. This Court has already considered this aspect in a recent judgment, reported in 2014(II) MPWN 87 = 2014 (2) MPLJ 459 (Jitendra Sharma v. Bharat Petroleum Corporation Ltd.). 4. Considering the aforesaid, no flaw can be found in the impugned order, Annexure P-1, inasmuch as the petitioner was held to be not fulfilling the eligibility criteria. The impugned order to this extent is upheld. 5. So far forfeiture of the amount is concerned, I find substance in the argument of learned counsel for the petitioner that this point needs to be dealt with by the authorities whether the petitioner has suppressed the fact in any manner. Shri RBS Tomar submits that he will prefer a representation for releasing this amount because the petitioner has not suppressed any fact and, therefore, clause 14 of advertisement cannot have an adverse impact in forfeiting the amount. 6. Considering the aforesaid, petition is disposed of by reserving liberty to the petitioner to prefer representation for releasing the amount of Rs.20,000/- by mentioning relevant facts and by annexing relevant documents. If such application is preferred, the respondents shall consider it dispassionately without getting influenced with Annexure P-1 and pass a reasoned order within thirty days. Outcome shall be communicated to the petitioner. If the respondents come to the conclusion that the amount was wrongly forfeited, the same shall be released in favour of the petitioner within the aforesaid time. 7. Petition is disposed of with aforesaid direction.