IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 33720 of 2009(H) ------------------------------------- PETITIONER(S): ----------------------- K.G.GEETHA, D/O.K.S.GOPALAKRISHNAN, KUREEKATTIL HOUSE, KAKKOOR P.O., ERNAKULAM. BY ADVS. MR.R.BINDU (SASTHAMANGALAM) MR.PRASANTH M.P RESPONDENT(S): ------------------------- 1. INDIAN OIL CORPORATION LTD., REP. BY ITS SENIOR DIVISIONAL RETAIL SALES MANAGER, COCHIN DIVISIONAL OFFICE, KOCHI-36. 2. SENIOR DIVISIONAL RETAIL SALES MANAGER, INDIAN OIL CORPORATION LTD., COCHIN DIVISIONAL OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O., KOCHI-36. R1 & R2 BY ADVS. MR.E.K.NANDAKUMAR MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.P.GOPINATH, MR.V.J.ANAND. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 33720 of 2009 - H ---------------------------------------- Dated 8th December, 2009 Judgment Heard Sri.R.Bindu Sasthamangalam, the learned counsel appearing for the petitioner and Sri.E.K.Nandakumar, the learned standing counsel appearing for the respondents. 2. By Ext.P2 advertisement published in various newspaper dailies, the Indian Oil Corporation Limited invited applications from eligible persons for appointment as Kissan Seva Kendra Dealer at various places including Kakkoor village in Ernakulam district. Inter alia, it was stipulated that the applicants should produce a certificate of residence issued by the Tahsildar concerned to the effect that he or she is a resident of the district concerned. The last date stipulated in Ext.P2 notice for submission of applications was 29.9.2009. The petitioner, who claims that she is a resident of Kakkoor village in Ernakulam district, submitted an application within the stipulated time. Along with the application, she had produced the original of Ext.P3 nativity certificate dated W.P.(C) No. 33720/2009 2 24.9.2009 issued by the Village Officer, Thirumarady Village wherein the Village Officer had certified that she is a native of Ernakulam district. The petitioner did not however produce a certificate issued by the Tahsildar concerned to the effect that she is a resident of Ernakulam district. 3. It appears that the petitioner was the only applicant pursuant to Ext.P2 notice in respect of Kakkoor village. The respondents scrutinised her application and found that she had not enclosed a certificate of residence issued by the Tahsildar. She was accordingly informed by Ext.P4 letter dated 9.11.2009 that as she has not produced a certificate of residence her application cannot be processed. The petitioner thereupon applied for and obtained Ext.P1 certificate from Tahsildar, Muvattupuzha wherein the Tahsildar had certified that the petitioner is ordinarily residing at Kureekattil House, Thirumarady village, Muvattupuzha Taluk, Ernakulam District. The original of Ext.P1 was forwarded to the second respondent along with Ext.P5 letter dated 17.11.2009. This writ petition was thereafter filed on 23.11.2009 challenging Ext.P4 and W.P.(C) No. 33720/2009 3 seeking a direction to the fourth respondent to accept Ext.P1 certificate and to process her application for appointment as Kissan Seva Kendra Dealer at Kakkoor. The petitioner contends that as the failure to produce the residence certificate is only a curable defect and as the nativity certificate produced by her along with the application proves that she is a resident of Ernakulam district, the respondents erred in not acting on her application. It is contended that as no one else had applied, if Ext.P1 certificate submitted along with Ext.P5 letter is accepted it will not cause prejudice to any other applicant and that if the petitioner's application is processed and she is appointed if she is found eligible, the respondents can save unnecessary expenditure and also avoid delay in appointing a dealer. 4. A counter affidavit has been filed on behalf of the respondents wherein inter alia it is contended that the petitioner's application was not a valid application. The respondents contend that in paragraph 2.2 of Ext.P2 notice it has been specifically stipulated that the applications should be W.P.(C) No. 33720/2009 4 accompanied by a residence certificate issued by the Tahsildar concerned to the effect that the applicant is a resident of the district in which the proposed outlet is located and that failure to produce such a certificate is a defect which cannot be cured. Relying on Clause 10 (d) of Ext.P2 notification, it is contended that no document which is not produced along with the application and before the last date can be received after the last date for submission of applications. The respondents contend that the petitioner's application was not in order and therefore it was liable to be rejected. It is also contended that the mere fact that no one else had applied pursuant to Ext.P2 notice is not a ground to entertain an otherwise invalid application. 5. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Ext.P2 specifically states that every applicant should produce along with the application a residence certificate issued by the Tahsildar concerned to the effect that he or she is a resident of the district in which he or she seeks appointment as a dealer. Paragraph 10 (d) stipulates that no document which is not W.P.(C) No. 33720/2009 5 produced along with the application and before the last date will be received or acted upon. The petitioner admittedly did not enclose along with her application a residence certificate issued by the Tahsildar. As per the terms of Ext.P2 only a resident of Ernakulam district was entitled to be appointed as Kissan Seva Kendra Dealer in Kakkoor village. The only document produced by the petitioner along with her application was the original of Ext.P3 nativity certificate, which would not show that the petitioner is a resident of Ernakulam district. Therefore, the stand taken by the respondents that the petitioner's application was an invalid application which was liable to be rejected for the reason that she had not proved prima facie that she is a resident of Ernakulam district cannot be faulted. I therefore find no merit in the challenge to Ext.P4. Further, clause (d) of paragraph 10 of Ext.P2 stipulates that no document which is not produced along with the application will be received or acted upon. Therefore, on the terms of Ext.P2, Ext.P1 residence certificate cannot be accepted and acted upon as it was not one submitted along with the application. In any case, the said document was not produced before the last date W.P.(C) No. 33720/2009 6 namely, 29.9.2009. The terms and conditions set out in Ext.P2 do not empower the tendering authority or any superior officer to permit rectification of defects in applications. If such power is conceded to the tendering authority or any superior officer, it can lead to misuse and abuse of that power. The stipulation in the notification that documents which are not produced along with the application will not not looked into and acted upon cannot therefore be said to be arbitrary or irrational. The petitioner who did not satisfy the terms and conditions set out in Ext.P2 cannot therefore compel the respondents to act on her application which was otherwise invalid. The mere fact that no one else had applied pursuant to Ext.P2 for appointment as Kissan Seva Kendra Dealer in Kakkoor village cannot therefore be a ground to direct the respondents to act on the petitioner's application. I accordingly hold that no grounds have been made out for the grant of the reliefs prayed for. The writ petition fails and is dismissed with the observation that nothing contained in this judgment will stand in the way of the petitioner from applying afresh if the respondents invite fresh applications W.P.(C) No. 33720/2009 7 for appointment as Kissan Seva Kendra Dealer in Kakkoor village, in Ernakulam district or in any other village in Ernakulam district. P.N.RAVINDRAN Judge vaa