Ritu Mahajan vs Indian Oil Corporation & Ors

4. Indian Oil Corporation - respondent No. 1 herein issued an advertisement in the "Tribune" dated 22.06.2000 whereby allotment of Retail Outlet Dealership/SKO-LDU Dealership and LPG distributorship was advertised. In the said advertisement one retail outlet, which was to be set at Dhariwal was also advertised. In the said advertisement, it was mentioned that in respect of the locations reserved for women only, on receipt of their application for Retail Outlet Dealerships/SKO-LDO Dealerships/LPG Distributorship, other things being equal, preference would be given to unmarried women above 40 years of age and widows. It was also mentioned that the Oil Companies would also provide the above women an adequate working capital for a full operation cycle for the operation of the Dealership/Distributorship.

5. The appellant - Ritu Mahajan, deceased fifth respondent - Smt. Rani Gauba and others applied for allotment of Retail Outlet Dealership at Dhariwal, which was reserved for women only. Pursuant to receipt of the said applications the appellant, the deceased fifth respondent as also others were called for interview on 24.04.2001. The aforesaid interview was taken by Dealers Selection Board (for short `Board') and after completion of the said interview a merit list was prepared in which the fifth respondent was placed at first position and the appellant was placed at the second position. As there was only one outlet to be allotted at Dhariwal, in terms of the position in the merit list the letter of intent was issued to the fifth respondent.

6. The appellant protested against the selection of the fifth respondent on the ground that she was not eligible to be considered for selection and even otherwise she was inferior to the appellant in all respects on the basis of the criteria laid down. The protest of the appellant, however, did not find favour with the Corporation or the Board and they refused to cancel the allotment in favour of the fifth respondent.

7. Consequently the appellant filed a Writ Petition before the Punjab and Haryana High Court with a prayer for quashing of the allotment in favour of the fifth respondent with a further prayer that the appellant be allotted the aforesaid Petrol Pump. The Division Bench who heard the matter, however, passed the impugned order dated 01.02.2002 holding that the fifth respondent was eligible for allotment of retail outlet dealership and the Board did not commit any illegality in selecting and recommending the name of fifth respondent for allotment of the said dealership.

11. It is undisputed that an advertisement was issued for allotment of one Retail Outlet dealership of petrol pump at Dhariwal. The said petrol pump was reserved for women category and that other things being equal, preference was to be given to unmarried women above 40 years of age without earning parents and widows. In addition, the oil companies were also to provide an adequate working capital for a full operation cycle for the operation of the dealership/distributorship. The said amount was to be re-payed in 100 equal monthly installments alongwith interest @ 11% per annum and the first installment was to begin from 13th month of commissioning of dealership.

12.At the time of submitting the application for allotment, the appellant was 28 years of age and was married. She had completed B.E. (Electricals) from Punjab University, Patiala and had an experience of approximately about 1 = years as an in-charge of R & D Section of M/s. Standard Electricals Ltd. The Gross Income (including self, spouse and dependent children) was shown to be Rs. 72,376/- p.m. On the other hand the fifth respondent was alleged to be Matriculate and was of 47 years of age at the time of submission of application. She was a widow and had an experience of near about 4 years of running a P.C.O.

16.On the face of the Total Marks obtained, the committee found that the appellant comes at serial No. 1 with 112 marks, while the fifth respondent comes at serial No. 2 with 110 marks. The Committee, thereafter, having recorded the aforesaid findings proceeded to examine whether there was any arbitrary allotment of marks to any of the candidates and on examining the first category, namely, Educational Qualification & General Level of Intelligence it was found that the fifth respondent is matriculate whereas the appellant - Ritu Mahajan is B.E. (Electrical). Upon considering the said qualifications, it was found that the allotment of equal marks viz. 25 by the Chairman to the appellant and fifth respondent was unjustified and was held as arbitrary. So far as the category with respect to Personality, Business ability and Salesmanship is concerned the committee observed that the fifth respondent was running PCO since 1996 whereas the appellant - Ritu Mahajan was working as Incharge of R & D Section of M/s Standard Electricals Ltd. in 1995-97, and therefore, it cannot be said that the fifth respondent is having better experience than the appellant. The two members allotted better marks to appellant than the fifth respondent whereas the Chairman allotted higher marks to fifth respondent as compared with appellant. In this view of the matter the Committee held that the Chairman allotted marks arbitrarily to tilt the balance in favour of the fifth respondent. So far as General Assessment is concerned, it was found that the higher marks given by the Chairman to the fifth respondent again were unjustified. The Committee, therefore, held that the allotment made in favour of the fifth respondent was not on merits.

20.We are of the considered opinion that the ratio of the decision in Mukund Swarup (supra) would become fully applicable to the facts and circumstances of this case. In terms of the said judgment and order the fifth respondent was liable to vacate the said retail outlet at Dhariwal within 3 months from 12-01-2007. However as the applications filed by the fifth respondent were not disposed of the status quo was directed to be maintained.

21.In that view of the matter, the selection of fifth respondent for allotment of Retail Outlet Dealership at Dhariwal is set aside and the Indian Oil Corporation - respondent No. 1 is hereby directed to make allotment of the said Retail Outlet Dealership at Dhariwal in favour of the appellant immediately. The appeal is allowed accordingly.

22.I.A. Nos. 213-214 in T.C. (C) No. 100/2002 are disposed of accordingly.

.J [S.B. Sinha] ............................................J [Dr. Mukundakam Sharma] New Delhi February 9, 2009