IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.236 of 2011 MRS.NEELAM DEO, DAUGHTER OF MR. MISHRI LAL W/O HIRA LAL DEV, AGED ABOUT 40 YEARS, NEW BLOCK AREA, P.O. KABIR CHAK, P.S. DARBHANGA, P.S. DARBHANGA, DISTRICT-DARBHANGA. …..PETITIONER. Versus 1. INDIAN OIL CORPORATION LIMITED, INDIAN OIL BHAWAN, G-9 ALI YAVARGUNJ MARG, BANDRA EAST MUMBAI-400051, THROUGH GENERAL MANAGER. 2. THE GENERAL MANAGER, INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION, LOK NAYAK BHAWA. DAK BANGLOW ROAD, PATNA. 3. THE DEPUTY GENERAL MANAGER, INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION, LOK NAYAK BHAWAN, DAK BANGLOW ROAD, PATNA. 4. THE SENIOR DIVISIONAL MANAGER, RETAIL SALES INDIAN OIL CORPORATION LIMITED, KRISHNA COMPLEX, AKHARA GHAT ROAD, MUZAFFARPUR DIVISIONAL OFFICE, MUZAFFARPUR. ……..RESPONDENTS. ----------- 06. 19.05.2011 Heard learned cousel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to issue necessary orders allowing the petitioner to operate Retail Outlet of Petrol and Diesal, Location- Sahila on State Highway in the District of Darbhanga and for other ancillary reliefs. 3. The claim of the petitioner is that on 24.08.2009 advertisement was published by the respondents for allotment of Retail Outlet at Sahil on State Highway in the District of Darbhanga along with other places, whereafter the petitioner applied on 20.09.2009 with all the required documents regarding land, finance, education, age, experience, business ability etc. Thereafter interview - 2 - was taken and a statement was prepared about the performance of candidates by the selection committee on 28.04.2010 itself in which the petitioner was found to have secured total marks 81.47 whereas the second candidate got 62.43 marks and the third candidate secured 61.07 marks. 4. Learned counsel for the petitioner further submits that on 23.12.2010 he received a letter (Annexure-1) from the Senior Divisional Manager, Retail Sales, Indian Oil Corporation Limited, Krishna Complex, Akhara Ghat Road, Muzaffarpur Divisional Office, Muzaffarpur (respondent no.4) in which it was held that „on investigation by the competent authority of Indian Oil Corporation Ltd. it has been observed that under head “experience” the document submitted by you is not genuine and also the document submitted by you for “tied up volume” is not as per corporation policy and hence the petitioner‟s empanelment for the subject location was cancelled‟. 5. Although, learned counsel for the respondents vehemently opposes the contentions of learned counsel for the petitioner but from the advertisement and documents produced by the respondents it is quite apparent that neither experience nor business ability/acumen were condition precedent for such appointment and it is no where mentioned that if the candidate had no experience or business ability or acumen he will not be selected. 6. From the merit list it is quite apparent that there are eight heads on which the candidature is to be considered and the total marks obtained by the candidates would decide their position. In this - 3 - connection it may be noted that Mr. Sirish Saurav at serial no. 2 was given third position having secured 61.07 total marks although he had secured 0.00 in experience. 7. In the said circumstances, if the petitioner‟s experience and business acumen were not found to be up to the mark he could have been given almost 0.00 marks in both of them. If no marks would have been given to the petitioner under the said two heads, then such marks given in the merit list (4.00+1.17) should be subtracted from the total marks obtained by him(81.47) whereafter the petitioner would secure 74.30 marks which is much more than the marks obtained by other candidates. In the said circumstances, respondent-authorities were not justified in cancelling the candidature of the petitioner. 8. Accordingly this writ petition is allowed. The impugned order dated 23.12.2010 is hereby quashed and the respondents are directed to issue necessary orders allowing the petitioner to operate Retail Outlet at Sahil on State Highway in the District of Darbhanga on usual terms and conditions. Devendra/ (S.N.Hussain, J.)