IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 22836 of 2005(R) ---------------------------------------- PETITIONER(S): ------------------------ NOORJAHAN.M. W/O.LATE MUHAMMED SHAJI P.I POOMKURINJIYIL HOUSE, PALLICKACHIRA P.O. PALLIPPAD, CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.A.MOHAMMED RESPONDENT(S): -------------------------- 1. GOVERNMENT OF INDIA, REPRESENTED BY THE SECRETARY, PETROLEYUM AND NATURAL GAS, NEW DELHI. 2. THE REGIONAL MANAGER, I.B.P.CO.LTD., I.B.P.HOUSE, 34-A, NIRMAL CHANDRA STREET, KOLKATA 700 013. 3. SENIOR DIVISIONAL MANAGER, IBP.CO.LTD., A-2, 3RD FLOOR, CHAKOS CHAMBERS, MKK NAIR ROAD, PALARIVATTOM, KOCHI 682 025. 4. DEALERSHIP SELECTION COMMITTEE, FOR RETAILED OUTLET DEALERSHIP AT PAIPPAD, KOTTAYAM REPRESENTED BY ITS CONVENOR, I.B.P.HOUSE, 34-A, NIRMAL CHANDRA STREET, KOLKATA 700 013. 5. LATHA.S.NAIR, POURNAMI, MALLAPPALY WEST P.O. PATHANAMTHITTA DISTRICT. 6. LALY CHACKO, KINGANAMCHIRA HOUSE, PALLACKACHIRA P.O. PAIPPAD, KOTTAYAM DISTRICT. R2 TO R4 BY ADV. SRI.P.GOPAKUMARAN NAIR, SC, IBP.CO.LTD. SRI.C.S.DIAS, SC, IBP.CO.LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.22836/2005 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BROCUHER CONTAINING THE GUIDELINES FOR SELECTION OF DEALERS IS BY IBP COMPANY LTD. P2 COPY OF THE APPLICATION DATED 10/06/2005 FOR DEALERSHIP SUBMITTED BY THE PETITIONER. P3 COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF POPE PIUS XI HIGHER SECONDARY SCHOOL, BHARANICKAVU. P4 COPY OF THE TRANSFER CERTIFICATE FROM M.S.M COLLEGE, KAYAMKULAM. P5 COPY OF THE CERTIFICATE DATED 09/06/2005 ISSUED BY THE BANK. P6 COPY OF THE CERTIFICATE STATING THAT THE PETITIONER IS A WIDOW ISSUED BY PAIPPAD MUSLIM PUTHENPALLY JAMAATH, CHANGANACHERRY. P7 COPY OF THE LETTER OF APPEAR FOR INTERVIEW BEFORE THE SELECTION COMMITTEE AT COCHIN ON 21/7/2005. P8 COPY OF THE LETTER DATED 6/7/2005 REGARDING OF THE COMPANY OFFICIALS. P9 COPY OF THE COMPARATIVE statement OF THE PERFORMANCE CANDIDATE INTERVIEWED ON 21/7/2005. P10 COPY OF THE SHORT LIST OF CANDIDATES FOR DEALERSHIP AT PAIPPAD, KOTTAYAM DISTRICT. RESPONDENT'S EXHIBITS: R3(A) COPY OF THE LETTER ALONG WITH ANNEXURE-1, ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ------------------------- W.P (C) No.22836 of 2005 -------------------------- Dated this the 7th March, 2011 J U D G M E N T In pursuance to the application invited for appointment of Retail Outlet Dealership for Petroleum Dealer at Paippad, Kottayam, petitioner submitted an application and was eventually disqualified in the selection process. It is challenging the above, the writ petition is filed. 2. From the counter affidavit filed on behalf of the 3rd respondent, what is disclosed is that, during the selection process, the petitioner did not produce the documents showing her educational qualification and date of birth and that it was therefore that she was disqualified. Nothing has been produced by the petitioner to contradict the said averments in the counter affidavit. 3. If that be so, it cannot be said that the respondents have committed any illegality in disqualifying the petitioner. Even otherwise the 5th respondent is conducting the outlet since 2005. W.P (C) No. 22836 of 2005 2 For these reasons, I do not find any merit in the writ petition. The writ petition fails and it is accordingly dismissed. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge