THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.3021 of 2009 ORDER: Indian Oil Corporation Limited, the first respondent herein, issued notification, dated 01.10.2007 inviting applications for selection of candidates for LPG Distributorship. The petitioner submitted his application in respect of distribution for Ravulapalem Unit at Ravulapalem, East Godavari District. The applicants for that unit were interviewed on 14.02.2009. The petitioner and various others appeared. On the same day, the result of the interview was displayed and against the name of the petitioner, it was mentioned that he is found not eligible in the course of scrutiny. The petitioner assails the action of the respondent company. It is stated that the application submitted by him is complete in all respects and he was disqualified on hyper technical ground. On behalf of the respondents, counter-affidavits were filed. It is stated that though the application of the petitioner in other respects is complete and proper, in the affidavit, which is required to be filed, he did not mention that he is an Indian National. According to the respondents, the proforma of the affidavit itself provides for such a declaration and in the absence, the petitioner was declared ineligible. Heard Mr. O.Manohar Reddy, learned counsel for the petitioner and Sri R.Raghunandan, learned counsel for the respondents. The respondents have prescribed the form of application as well as other enclosures to be filed along with it. The application itself contains as many as 17 clauses and each clause has many sub-divisions dealing with minute aspects. The description of the application is provided for under Clause 7, which deals with name, father’s name, address, nationality, gender, date of birth, marital status etc. The petitioner furnished all his particulars and there is no dispute about accuracy of the same. The respondents also require the applicants to submit notarised affidavit. A proforma is enclosed. It contains 7 paragraphs. After the brief introduction with reference to the name and age, a small sentence, namely, that “I am an Indian National”, occurs in between. The distinction of this sentence is obvious because it is not numbered. The Typist engaged by the petitioner appears to have omitted to reproduce that sentence. Rest of it was in accordance with the proforma. Except this inadvertent omission, there is no other lapse on the part of the petitioner. It is no doubt true that the learned Single Judge of this Court has taken the view in order, dated 07.11.2008 in Writ Petition No.1834 of 2008 that even such an omission is material, the action of the respondents in this regard cannot be found fault with. However, I am unable to convince myself to fall in line. It is not as if the particulars furnished by an individual in his application are final and by themselves would lead to grant of distributorship. All the particulars are mentioned in the application itself. Filing of an affidavit is only reiteration thereof. Notwithstanding the filing of the affidavit, whenever a candidate is selected, every item of information furnished in the application is subjected to further scrutiny. Originals of the relevant testimonials or documents are verified. On certain aspects, spot inspection is conducted. When such is the case, an inadvertent omission by a Typist to mention what is otherwise mentioned in the application cannot lead to disqualification of the petitioner at the threshold. It is also important to note that the application itself contains an undertaking in Clause 17 to the effect that every information furnished by him is true and that he vouches for it. The affidavit would not add anything further and for all practical purposes, it is superfluous. Therefore, this Court is of the view that the respondents ought not to have disqualified the petitioner. Hence, the writ petition is allowed and the respondents are directed to consider the application of the petitioner and process the same in accordance with law. There shall be no order as to costs. ________________________ L.NARASIMHA REDDY, J 15th DECEMBER, 2009. kvni