IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13059 of 2009 VIDYA RANI W/o Sri Ram Badan Rai resident of Bagha ward no.1, Bye- Pass Road, near Pani Tanki, P.S. and District Begusarai Versus 1. INDIAN OIL CORPORATION LTD. through the Senior Area Manager, 1st floor, Shahi Bhawan, Exhibition Road, Patna- 800 001 2. Senior Area Manager, Marketing Division ( Eastern Region), Indane Area Office, Indian Oil Corporation Ltd., 1st floor, Shahi Bhawan, Exhibition Road, Patna- 800 001 3. The General Manager, Indian Oil Corporation Ltd., Lok Nayak Jai Prakash Bhawan, 5th floor, Dak Bunglow Road, Patna- 800 001 ----------- 02/ 13.10.2009 Heard learned counsel for the parties. 2. Petitioner was an applicant for appointment as L.P.G. Distributor pursuant to advertisement published in Hindustan newspaper dated 19.1.2009, as contained in Annexure-1 to this application. Her application is contained in Annexure-2 to this application, but her candidature has been rejected under order dated 15.9.2009, Ananexure-3, which is impugned in this writ application. 3. It appears from perusal of Annexure-3 that the candidature of the petitioner has been rejected on the ground that she failed to provide/ paste her photograph on the application form. 4. It is submitted on behalf of the petitioner that the stand of the authorities that she failed to provide/ paste her photograph over the application form is not correct as she had dispatched the photograph with the application form, which may have been lost in transit. In this connection, it is pointed out by the learned counsel for the petitioner that besides the 2 photograph, all other relevant documents required to be submitted with application form, were available with the application form and in the circumstances, this Court may conclude that the photograph, although submitted with the application form, was lost in transit. 5. Counsel for the Indian Oil Corporation Ltd., however, disputes such submission, with reference to clause 19 ([k) and (x) of the advertisement, which inter alia provides that an incomplete application form shall be rejected and the applicant shall not be given opportunity to furnish any document or photograph, which is not available with the application form. 6. Learned counsel for the petitioner, in rejoinder, has submitted that present case is not covered by clause19 ([k) and (x) of the advertisement as the application form was submitted in an envelope together with the photograph, which was lost in transit, as such, she cannot be held responsible for such loss in course of transit. In this connection, petitioner had submitted her representation dated 29.9.2009, Annexure-4 before the Senior Area Manager of the Indian Oil Corporation Ltd. much before the date fixed for the interview and in my opinion, the authorities should have considered the same and passed reasoned order on the representation, Annexure-4 before the date of interview so that petitioner could have availed the opportunity to either participate in the interview or to challenge the order rejecting her representation prior to the date of 3 interview. The Senior Area Manager having received the representation did not deem it necessary to consider the same and by now interview has already been held on 7.10.2009. 7. In the circumstance, I deem it expedient to direct the Senior Area Manager of the Indian Oil Corporation Ltd. to consider the representation of the petitioner dated 29.9.2009, Ananexure-4 taking into account the submission of the petitioner that she dispatched the photograph with the application form, which perhaps was lost in transit, may be at the time of opening the envelope and as by now field investigation in regard to the interview held on 7.10.2009 has not been held, the case of the petitioner be considered in accordance with law. 8. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)