IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 13388 of 2009(P) -------------------------- PETITIONER(S): --------------- SREEKANTH.K, S/0. K.M.KESAVA PILLAI, AGED 32, SREEVIHAR, ELNGAVAM KARA, VARAPPETTY.P.O. KOTHAMANGALAM. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.SAJU WAHAB SRI.P.PRIJITH RESPONDENT(S): --------------- 1. BHARATH PETROLEUM CORPORATION LTD., KOCHI LPG TERRITORY OFFICE, AMBALAMUGHAL, KOCHIN-682302. 2. THE TERRITORY MANAGER (LPG) BHARATH PETOROLEUM CORPORATION LTD., KOCHI LPG TERRITORY OFFICE,AMBLAMUGHAL, KOCHI-682302. 3. THE DISTRIBUTOR SELECTION COMMITTEE, BHARATH PETROLEUM CORPORATION LTD., LPG BOTTLING PLANT,(TERRITORY OFFICE) KAZHAKOOTAM.P.O., TRIVANDRUM-695562. R1 TO R3 BY ADV. SRI.N.N.SUGUNAPALAN (SR) SRI.S.SUJIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.13388/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF BROSHURE FOR SELECTION OF DISTRIBUTOR PUBLISHED BY 1ST RESPONDENT. EXT.P2: TRUE COPY OF LETTER DATED 23.1.2009 OF THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF BALANCE STATEMENT OF BANK AS ON 23.1.08. EXT.P3(a): TRUE COPY OF BALANCE STATEMENT OF BANK AS ON 23.1.08. EXT.P3(b): TRUE COPY OF BALANCE STATEMENT OF BANK AS ON 23.1.08. EXT.P3(c): TRUE COPY OF BALANCE STATEMETN OF BANK S ON 23.1.08. EXT.P4: TRUE COPY OF CERTIFICATE DATED 23.4.2009 ISSUED FROM AMRITA INSTITUTE OF MEDICAL SCIENCES. EXT.P5: TRUE COPY OF STATEMENT OF ACCOUNT OF PETITIONER'S BROTHER SREERAJ WITH THE FEDERAL BANK LTD. EXT.P6: TRUE COPY OF LETTER DATED 22.4.2009 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF APPLICATION FOR ALLOTMENT OF DISTRIBUTIONSHIP. EXT.P7: TRUE COPY OF NOTARIZED CONSENT LETTER ISSUED BY SMT.T.N.CHELLAMMA DATED 22.5.09. EXT.P8: TRUE COPY OF NOTARIZED CONSENT LETTER ISUED BY SMT.VIJAYA AKSHMI DATED 22.5.09. EXT.P9: TRUE COPY OF COVERING LETTER DATED 26.5.09. EXT.P10: TRUE COPY OF ACKNOWLEDGEMETN CARDS. WPC.13388/09 EXT.P11: TRUE COPY OF LETTER DATED 18.6.09 ISSUED BY 1ST RESPONDENT. EXT.P11(a): TRUE COPY OF RANK LIST ISSUED BY 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R2(a): TRUE COPY OF THE NOTIFICATION DATED 27.12.2007 IN MALAYALA MANORAMA AND THE HINDU DAILIES. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13388 OF 2009 ------------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT 1.The petitioner was an aspirant for allotment of LPG distribution agency in sports quota. The selection was on the basis of Ext.R2(a) notification. Ext.P1 is the format of the application and guidelines. 2.The materials on record disclose that the petitioner stood first in the selection. Such selection is on the basis of details furnished by him along with the application. Actual scrutiny and secret verification of details were done in field verification, following the procedure provided under clause 11 of the notification. It appears that in field verification, two things emerged. Firstly, the total outstanding balance in a bank deposit offered by the petitioner (in his brother's name) was ultimately found to be less than what was offered. The certification of the bank was regarding the outstandings as on WPC.13388/09 2 21.1.2008 while the petitioner submitted the application on 31.1.2008. As on 21.1.2008 the balance was as certified by the bank. Obviously therefore, there is no suppression of relevant materials. Be that as it may, learned counsel for the company is justified in saying that as on 31.1.2008, the bank balance was different from what was certified. The petitioner attributes the difference to withdrawals made by his brother in connection with the treatment of his mother in the Amritha Institute of Medical Sciences for lung cancer. It is stated that the petitioner lost his mother. 3.There is yet another ground projected in the counter affidavit submitted by the Territory Manager on behalf of the company that though the petitioner claimed lease of right for a period of 15 years over a parcel that was offered for the occupation of the shoproom, the appropriate materials in support of that was not available, in spite of the petitioner thereafter saying that he would place the notarised consent of the land owner. WPC.13388/09 3 4.A glance of Ext.P11 result will show that the score rate of the petitioner in the assessments is much higher than that of the second highest candidate. This could be attributed to the commercial component as also the component relating to the facilities by way of godown and shoproom. A comparative look at the different marks alloted under different heads may also tend to inspire a second look by the competent. But, the petitioner had essentially run to this Court on an apprehension that he would not be selected and an interim order has also been issued by this Court, staying the grant of the intend. Obviously therefore, the stage that is now attained is one where the petitioner could have moved to have the grievances resolved in terms of clauses 21 and 22 of Ext.P1 which provisions themselves enjoin that the latter of intend would not be issued unless the competent authority looks into the grievances in terms of those clauses. 5.For the aforesaid reasons and being satisfied that the matter requires a second look by those concerned in the company, WPC.13388/09 4 this writ petition is ordered directing that any complaint of the petitioner, if presented within a period of one week from now, would be attended to by the competent authority, in terms of Ext.P1, at the earliest. It is also clarified that this Court is not expressing anything on the merits of the matter. The company will decide on the matter untrammelled by anything stated in this judgment. Regarding the issuance of letter of intend, the matter will be governed by clauses 21 and 22 of Ext.P1 and to enable that, the interim order will stand extended for a period of three weeks. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.2/12.