IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12600 of 2009 SMT.SUDHA DEVI, WIFE OF SRI YOGENDRA PD. YADAV, RESIDENT OF VILLAGE MEDHIYAN, P.O. DAPARKHA, P.S. TRIVENIGANJ, DISTRICT SUPAUL---PETITIONER. Versus 1. THE INDIAN OIL CORPORATION LIMITED THROUGH CHAIRMAN INDIAN OIL CORPORATION, G-9 ALI YAVAR JUNG MARG, BANDRA MUMBAI-400051. 2. THE GENERAL MANAGER, INDIAN OIL CORPORATION LTD. 5TH FLOOR, LOKNAYAK JAI PRAKASH BHAWAN DAK BUNGLOW CHOWK, PATNA. 3. THE SENIOR REGIONAL RETAIL SALES MANAGER, INDIAN OIL CORPORATION BEGUSARAI DIVISION, BARAUNI REFENARI, BEGUSARAI. 4. THE MANAGER(L.P.G.5) BSO, INDIAN OIL CORPORATION LTD.(MARKETING DIVISION), LOKNAYAK JAI PRAKASH BHAWAN(5TH FLOOR) DAK BANGLOW CHOWK, PATNA. 5. THE S.D.R.S.M. BEGUSARAI, INDIAN OIL CORPORATION LTD. BEGUSARAI DIVISIONAL OFFICE, BARAUNI OIL REFINARY, BEGUSARAI. 6. SMT. SHIMLA DEVI, WIFE OF ASHOK KUMAR, C/O SRI DILESHWAR KAMAT, RESIDENT OF VILLAGE LAXIMINIA, P.O. MOHALIYA P.S. TRIVENIGNAJ, DISTRICT SUPAUL----RESPONDENTS. For the Petitioner : M/S Sanjay Singh, Mr. Shailendra Kr. Singh, Advocates. For the Corporation : Mr. K.D. Chaterjee, Advocate. ----------- 02. 08.10.2009 Heard learned counsel for the petitioner and the counsel for the Indian Oil Corporation. 2. Petitioner was applicant for allotment of K.S.K. dealership at Laxminia Chowk, Supaul, category open(women). Her case was considered by the Evaluation Committee and she was placed at serial no.2 in the panel. Private respondent No.6 Smt. Shimla Devi was placed at serial no.1 of the panel as she secured 32.00 marks under the parameter availability of land, whereas petitioner secured 30.59 marks under the same parameter and thereby she was placed at serial no.2 in the panel. 3. It is submitted on behalf of the petitioner that the land offered by Smt. Shimla Devi is on the National/State highway and on account of such placement of the land she is barred for being considered as per the - 2 - advertisement norms. Highlighting the aforesaid aspect of the matter petitioner had already represented before the authorities of the India Oil Corporation Ltd. adducing evidence that the lands offered by Smt. Shimla Devi is on National/State highway. In the representation petitioner also highlighted the aspect that Evaluation Committee did not consider her response in a manner which was appropriate while evaluating the experience as also the financial capability. The representation was considered by the authorities and rejected under order dated 25.5.2009, Annexure-4, perusal whereof indicates that the authorities have considered that the lands offered by Smt. Shimla Devi is at National/State highway. The order rejecting the representation, however, accepts the position that evaluation under parameter fixed and immovable assets was not made correctly with further observation that even considering the revised marks under parameters immovable assets the position of Smt. Shimla Devi is maintained first amongst the empanelled candidates. Learned counsel for the petitioner states that for the present the aspect whether the lands offered by Smt. Shimla Devi is on National/State highway be considered by the authorities so that if her challenge succeeds on the said aspect she may not be required to assail the evaluation made by the Evaluation Committee on the - 3 - ground that the same is not in accordance with law. 4. Having heard counsel for the parties, I direct the petitioner to file fresh representation before the competent authority highlighting the aspect that the land offered by Smt. Shimla Devi is situate on the National/State highway and she was not qualified for being considered for selection as K.S.K. dealer. The representation of the petitioner be considered by the competent authority as early as possible, in any case within one month from the date of receipt/production of a copy of this order. The petitioner should file representation within seven days of the receipt of the certified copy, for which requisition be filed on or before 12.10.2009. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)