IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14205 of 2010 SMT.SANDHYA PRASAD, W/0 Shri Rajiv Kumar resident of Mohiuddin Nagar, P.S. Mohiuddin Nagar, District- Samastipur… Petitioner Versus 1. INDIAN OIL CORPORATION LTD. through General Manager, Bihar State Office, IOC Ltd. (MD), 5th Floor Lok Nayak Jai Prakash Bhawan, Dak Bunglow Road, Patna, Bihar. 2. The Senior Manager (LPG-S), Bihar State Office, IOCL, Lok Nayak Jai Prakash Bhawan, Dak Bunglow Road, Patna, Bihar. 3. Dy. General Manager (LPG), Bihar State Office, IOCL, Lok Nayak Jai Prakash Bhawan, Dak Bunglow Road, Patna, Bihar. 4. Area Manager, IOC Ltd. (MD) Indane Area Office, Begusarai, P.O. Barauni Oil Refinery, District- Begusarai-851114. 5. Senior Area Manager, Patna Indane Area Office, Indian oil Corporation Ltd, Shashi Bhawan, Ist Floor, Exhibition Road, Patna-800 001… Respondents. ----------- For the petitioner: Mr. Basant Kumar Choudhary, Senior Advocate Mr. Neeraj Kumar Gupta, Advocate For Respondents: Mr. Anil Kumar Jha, Advocate -------- 2. 27.8.2010 The petitioner is aggrieved by the action of respondent No.4, Area Manager, Indian Oil Corporation Ltd., (MD) Indane Area Officer, Begusarai, who by his letter dated 12.8.2010 (Annexsure-3) has informed that the petitioner’s candidature has not been found to be eligible for awarding Indane Distributorship of Indian Oil Corporation Ltd. at Samastipur, District- Samastipur under open category advertised on 19.1.2009, as undertaking has not been signed by her in the application. Learned counsel for the petitioner submits that the application has been signed by the petitioner on each and every page but due - 2 - to oversight the second signature has been missed at page No.6 under the column No.17 regarding undertaking. It is submitted by learned counsel that an undertaking to the similar effect has been given by the petitioner in an affidavit which is required to be filed in terms of the advertisement along with the application. It is further submitted that the petitioner has no hesitation in signing the same as in any case the said page having been signed by the applicant prima facie shows that the petitioner has no objection to the undertaking also and for such oversight of the petitioner, she should not be deprived of participating in the interview. Learned counsel for the Indian Oil Corporation, on the other hand, relies upon clause 19 of the advertisement under which it is stated that after submitting the application, nothing shall be permitted to be added/subtracted/changed therein and any incomplete application shall not be considered. It is also submitted by learned counsel that the interview is going to be held on 30.8.2010, - 3 - 31.8.2010 and 1.9.2010 and it will not be possible for the authorities of the Indian Oil Corporation to consider the case of the petitioner on such short notice. On a consideration of the entire facts and circumstances of the case, this Court is of the view that although the petitioner ought to have signed under the undertaking part of paragraph No.17 of the application also but she has otherwise signed just below it wherein the signature of the applicant is required on the same page. As the petitioner has also signed the application on each and every page and she does not propose to make any addition, subtraction or alternation in the application filed by her, rather she is being penalized for having failed to put a second signature on that page by sheer inadvertence, this Court is of the opinion that the application of the petitioner ought not to have been rejected, particularly keeping in view that a similar undertaking by way of separate affidavit has been given by the petitioner. It is, accordingly, directed that the petitioner should be permitted to appear in the - 4 - interview being held either on any of the three dates, namely, 30.8.2010, 31.8.2010 and 1.9.2010, as may be convenient to the respondent authorities of the Oil Company, or if the same is not possible, then any other short date immediately thereafter should be fixed to conduct the interview with respect to the petitioner. It is also directed that the petitioner shall put her signature under the undertaking given by her in the original application form. In case, the original application form is not available before the Interview Board then the petitioner shall furnish a separate undertaking on the same terms as given in paragraph No.17 of the application form and furnish the same to the authorities of the Indian Oil Corporation. The writ application is, accordingly, allowed with the aforesaid observations and directions. Mr. Anil Kumar Jha, learned counsel for the Indian Oil Corporation is directed to communicate this order to the authorities of the Corporation. It is made clear that no result shall be published until the petitioner - 5 - is also interviewed. Let a copy of this order be handed over to Mr. Anil Kumar Jha, learned counsel for the Indian oil Corporation. VPS ( Ramesh Kumar Datta, J. )