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2019 DIGILAW 541 (JHR)

Mintu Devi v. Bharat Petroleum Company Ltd. , Mumbai

2019-02-22

SUJIT NARAYAN PRASAD

body2019
ORDER : This writ petition is under Article 226 of the Constitution of India for quashing the letter dated 14.12.2018 whereby and whereunder the candidature of the petitioner for award of LPG distributorship at location Arkhango, district Giridih under OPEN (W) category has been rejected. 2. It is the case of the petitioner that in terms of the advertisement dated 13.08.2017 the petitioner has made an application along with all necessary documents as also the 10th class certificate from the 'Prayag Mahila Vidyapeeth' Allahabad but subsequently the candidature has been rejected vide the impugned order on the ground that the petitioner is not fulfilling the eligibility criteria of the educational qualification of passing minimum 10th standard examination obtained from recognized Board. 3. According to the petitioner she has passed 10th class from the 'Prayag Mahila Vidyapeeth' in the year 2015 and as such the said educational certificate is genuine as obtained from recognized Board and hence the cancellation of candidature on the ground of having not the minimum standard of 10th pass from the recognized Board is absolutely incorrect for rejecting the candidature of the petitioner. He further submits that even accepting that the Board has not got its recognition from the authorized body but it could not be said to be any misrepresentation on the part of the petitioner, therefore forfeiture of the earnest money of Rs. 40,000/- is not proper. It is the further case of the petitioner that the decision to reject the candidature ought to have been taken at the threshold but the respondent after allowing her to deposit the earnest money and when in the lottery she has been declared to be successful, rejecting the candidature of the petitioner shows the ulterior motive of the respondent. 4. Mr. Mrinal Kanti Roy, learned counsel for the respondents-Bharat Petroleum Company Limited has submitted by placing the brochure on unified guidelines for selection of LPG distributorship wherein applicants eligibility criteria has been laid down. 10th passing from the recognized Board as also the security money is to be deposited by the candidate in the light of criteria made under Clause 17. Mrinal Kanti Roy, learned counsel for the respondents-Bharat Petroleum Company Limited has submitted by placing the brochure on unified guidelines for selection of LPG distributorship wherein applicants eligibility criteria has been laid down. 10th passing from the recognized Board as also the security money is to be deposited by the candidate in the light of criteria made under Clause 17. In Clause 26, in case of any suppression/misrepresentation/incorrect or false affecting eligibility the candidature is liable to be rejected, and, therefore as the certificate has been found to be not correct hence the order of rejection of candidature along with forfeiture of the earnest money has got no illegality. 5. Having heard learned counsel for the parties and on appreciating of their rival submissions the factual aspect which is not in dispute that the notice inviting application from the women category dated 13.08.2017 for allotment of LPG Distributorship, the petitioner has made her application for consideration of her candidature for allotment of LPG distributorship. She, in pursuance to the conditions stipulated in the advertisement, has submitted application form alongwith the educational certificate of having passed 10th class from the 'Prayag Mahila Vidyapeeth' in the year 2015. The petitioner has been allowed to participate by the authorities in the process of selection and in all fairness and transparency they have decided to choose the candidate through lottery in which the petitioner has been declared to be successful. 6. The petitioner's contention is that once she has been declared to successful in the process of selection through lottery the candidature ought not to have been rejected on the basis of educational certificate since according to her the scrutiny of the said document ought to have been done at the initial stage. 7. This Court has gone across the brochure for selection of LPG distributorship wherein Clause 16 provides for draw of lots and thereafter the provision as stipulated under Clause 17, the documents and amount is to be submitted and on fulfilling the condition stipulated under the provision of Clause 17, the field verification of credentials shall be conducted. The candidate is required to present while the FVC is conducted by the assigned officer. For better appreciation relevant extract of Clauses 16 and 17 are referred as hereunder : "16. The candidate is required to present while the FVC is conducted by the assigned officer. For better appreciation relevant extract of Clauses 16 and 17 are referred as hereunder : "16. PROCEDURE FOR DRAW OF LOTS : (i) Information will be sent to the eligible candidates through e-mail/SMS to report for draw of lots for selection of LPG Distributor at specified venue, date and time. (ii) The notice with regard to the draw would be published before the date of draw in the same newspapers in which the advertisement for appointment of LPG Distributor was initially published. (iii) Attendance of all the applicants who have reported for draw, shall be recorded, after verifying their identity through a POI (Proof of Identity-any one of the documents Passport, Driving License, Voters' Identity Card, PAN Card, Aadhaar Card issued by UIDAI or NREGA Job Card). Applicants should sign the attendance sheet. Draw of lots will be conducted in the presence of only available eligible candidates. However, there is no minimum quorum specified for conducting the draw of lots. (iv) Two officials of the concerned OMG will co-ordinate the computerized draw. NIC/MSTC Ltd. Officials will conduct the computerized draw, available candidates and the invited guest. (v) The invited guest will be requested to initiate the process of computerized draw of lots for a particular location. (vi) List of eligible applicants of the location selected for the draw, from whom the draw of lots shall be conducted will be displayed on the screen along with the serial number and the name of applicant. (vii) Successful candidate will be selected from amongst the eligible candidates on random basis. (viii) The application serial number and name of the successful candidate would be declared for the LPG distributorship for the location. (ix) The entire proceedings of the draw will be video graphed and the following information will be captured : 1. List of eligible candidates with application numbers. 2. The details of the successful candidate displayed on the screen and capture by the video camera with the serial number and name of the applicant. (x) The result of the draw will be available on the website www.Lpgvitarakchayan.in after the draw of lots. It would also be hosted on the website of the respective Company. 17. 2. The details of the successful candidate displayed on the screen and capture by the video camera with the serial number and name of the applicant. (x) The result of the draw will be available on the website www.Lpgvitarakchayan.in after the draw of lots. It would also be hosted on the website of the respective Company. 17. DOCUMENTS AND AMOUNT TO BE SUBMITTED BY THE SELECTED CANDIDATE BEFORE FVC Successful candidate in the Draw of Lots, will be required to submit an amount equivalent to 10% of the security deposit, as applicable (Refer table given below) alongwith the relevant documents (Please see point No. 8 above) to the concerned office within 7 working days, from the date of intimation. The mode of submission of the amount to the concerned Oil, Marketing Company will be mentioned in the Communication to the successful candidate. Amounts to be submitted by candidate before conduct of FVC (10% of the security deposit) Open OBC SC/ST Sheheri Vitrak/ Rurban Vitrak Rs. 50,000 Rs. 40,000 Rs. 30,000 Gramin Vitrak/ Durgam Vitrak Rs. 40,000 Rs. 30,000 Rs. 20,000 Upon intimation of selection, the candidate shall submit the payment of 10% of the security deposit as per the Table given above and also the required documents within seven working days of intimation. And subsequently a Letter Of Intent (LOI) will be issued to the candidate. The candidature of the selected candidate will be cancelled in case he/she fails to deposit the above amount at the concerned office within 7 working days from the date of intimation to the candidate. On fulfilling the above, Field Verification of Credential (FVC) shall be conducted. The candidate is required to be present while the FVC is conducted by the assigned officer. The candidate selected in the draw for each location will also have to submit the documents within seven working days of the intimation of the selection." 8. It is not in dispute that any advertisement is issued by any authority, the terms and conditions as stipulated in the brochure/guideline is strictly to be followed. The candidate selected in the draw for each location will also have to submit the documents within seven working days of the intimation of the selection." 8. It is not in dispute that any advertisement is issued by any authority, the terms and conditions as stipulated in the brochure/guideline is strictly to be followed. The condition stipulated in the brochure warrants that selection of the candidature would be done through lottery and it is evident from of condition No. 16 of the said brochure that the draw will be conducted, meaning thereby the same would be preliminary screening, therefore, draw and in view of the provision of Clause 17 of the said brochure, the candidate who found to be successful in the said draw would have been present in the field verification of credential. 9. The authority after said procedure has directed the petitioner to have present in the field verification of credential as per Clause 17 of the aforesaid brochure since she was declared to be successful in the draw but on going across qualification it has been found that she has passed 10th class from the 'Prayag Mahila Vidyapeeth', Allahabad. 10. It is not in dispute that 'Prayag Mahila Vidyapeeth' is not a recognized institute having not been recognized by the National Council of Educational Training which is the apex body constituted by virtue of notification issued by the Government under the Act, 2009 and even prior to that apex body has been constituted since in the month of June 1995. 11. The authorities on going across the educational qualification of the petitioner found that the certificate issued by the 'Prayag Mahila Vidyapeeth' is not recognized by the NCTET, has rejected the candidature of the petitioner, therefore, it will not be proper for the Court to sit over as appellate Court, over the decision taken by the selection board. The said power is vested upon the High Court if there is any illegality or perversity in the impugned order, accordingly in the considered view of the Court there is no error in the process of selection rather scrutiny/selection has been conducted in terms of condition in the aforesaid brochure. 12. The said power is vested upon the High Court if there is any illegality or perversity in the impugned order, accordingly in the considered view of the Court there is no error in the process of selection rather scrutiny/selection has been conducted in terms of condition in the aforesaid brochure. 12. So far as contention of the petitioner that there is no fault on the part of the petitioner, warranting the authority to forfeit the earnest money, this Court is of the view that since Clause 26 stipulates that in case of any suppression/misrepresentation or incorrect certificate if submitted, the earnest money would be forfeited. 13. It is the settled position of law that once a candidate has participated in the process of selection they cannot turn around and questioned the terms and conditions of advertisement rather he is to abide by the terms and conditions of the Brochure/rules/regulations. 14. Since the petitioner has participated in the draw meaning thereby the conditions of advertisement stipulated in the brochure or guideline is binding and as such condition stipulated in Clause 26 is binding upon the petitioner and since admittedly the certificate of 10th Class is not from a recognized institute hence the same is being incorrect, therefore, forfeiture of the earnest money cannot be said to suffer from any illegality. 15. In view thereof, in the fact and circumstances of the case, this Court does not find any reason to interfere with the order impugned, accordingly, the writ petition is dismissed.