Jagadeesh C. K. S/o Sri. Krishnamurthy Raju v. Indian Oil Corporation Limited
2020-01-22
P.S.DINESH KUMAR
body2020
DigiLaw.ai
ORDER : 1. Petitioner has challenged selection of respondent No. 5 for fuel retail outlet established by the Indian Oil Corporation. 2. Shri. M.N. Umesh, learned Advocate for the petitioner submitted that in communication dated 11th May 2016, the Oil Company had categorically stated that request for sending applicants’ representative for draw of lots would not be entertained, whereas the allotment has been made in favour of respondent No. 5, even though he was not personally present. 3. Shri. Dhananjay Joshi, learned Advocate for Indian Oil Corporation, adverting to the guidelines for selection of dealers, pointed out that the quorum for draw for a location is guided by sub clause (vii) of clause P. In the instant case there were only two applicants. Therefore, it is sufficient even if one applicant is present. The petitioner was admittedly present in the draw of lots. The other requirement for the quorum is thus satisfied. Where there are only two eligible applicants, presence of only one applicant is sufficient. The present guidelines reads as follows: “(vii) Quorum for the draw for a location will be comprising of at least 50% of following: Candidates of that particular location (whose names are there in the draw) plus two Company officials plus at least one invited Guest. For calculating quorum, number will be rounded off to higher digit. Note: (a) For the purpose of quorum, presence of one guest, two OMC officials and at least two candidates will be essential. However, in cases of locations with only 2 eligible applicants presence of 1 applicant would be sufficient. (b) If Quorum is not fulfilled, then draw should not be held on that day.” 4. It is not in dispute that if there are only two candidates for the retail outlet, presence of one candidate would be sufficient. Petitioner was present and 5th respondent was absent. Thus, the quorum is complete as per the guidelines. Hence, the solitary ground urged in this writ petition fails. Consequently, this writ petition fails and it is accordingly, dismissed. 5. In view of dismissal of this petition, I.A. No. 1/2019 does not survive for consideration and the same is disposed of. No costs.