Rajasthan High Court - Jaipur
Sanjay Kumar Meena vs Indian Oil Corp Ltd &Anr; on 20 December, 2017
Author: K.S.Jhaveri
Bench: K.S.Jhaveri
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1882 / 2017
1. Sanjay Kumar Meena S/o Shri Ramkhiladi Meena, By
Caste Mina, R/o Village Parbheni, Post Raini, District
Alwar, Rajasthan
----Appellant
Versus
1. Indian Oil Corporation Limited, Registered Office At G-9,
Ali Yavar Jung Marg, Bandra (East) Mumbai-40051 (India)
Through Its Manager
2. Chief Divisional Retail Sales Manager (Marketing Division
Jaipur) Indian Oil Corporation Limited, First Floor, Lic
Investment Building Phase Ii, Near Ambedkar Circle
Bhawani Singh Road, Jaipur 302005
----Respondents
For Appellant(s) : Mr. N.K. Meena
For Respondent(s) : Mr. Samit Bishnoi
HON'BLE MR. JUSTICE K.S.JHAVERI
HON'BLE MR. JUSTICE VIJAY KUMAR VYAS
Judgment
20/12/2017
By way of this appeal, the appellant has assailed the judgment and order of the learned Single Judge whereby the learned Single Judge has dismissed the petition.
The facts of the case are that the petitioner has applied for Kisan Seva Kendra Dealership pursuant to advertisement issued by Indian Oil Corporation Limited thereby two form old as well as new was made compulsory to be filled in online which was to be submitted physically before 14th November, 2014.
(2 of 3) [SAW-1882 / 2017] Admittedly, the appellant/petitioner has submitted the form on 19th November, 2017, therefore, in view of the observations made by the learned Single Judge in his judgment wherein it has been observed as under:-
"It is a case where an advertisement was issued to invite applications for Kisan Seva Kendra Dealership. The petitioner submitted an application and was the only applicant for Baleta, Tehsil Malakhera, District Alwar. The respondents informed that petitioner submitted an application on-line but hard copy of it has not been furnished. The respondents then sent another letter dated 1st December, 2015 stating that as per brochure/guidelines, he was required to submit on-line application with its hard copy. The on-line application was submitted but hard copy furnished is not of the on-line application but in the old format. In view of the above, he was not not held eligible for consideration of his candidature. The relevant para of the brochure/guidelines is quoted hereunder for ready reference to show requirement about submission of application on- line with hard copy of the said application:
"F. On-line Application:
Facility to submit application on-line is also provided in our Web site. The prospective applicant can fill up the on-line application form, take print out of the filled in application form on plain paper, affix the photograph, sign and attach the relevant documents and should submit the same along with Non-refundable application fee and IDP, if applicable, by separate Demand Drafts/Pay Orders drawn on any Scheduled Bank so as to reach the concerned office as mentioned in the advertisement.
For candidates applying on-line, the last date for filing application will remain the same as mentioned in the advertisement. Further, 7 days' additional time will be given for submission of hard copy of the on-line application with relevant documents. The facility for submission of on-line application will be withdrawn immediately after the cut-off time and date. If the applicant fails to submit his/her on-line application on the due date and time due to any technical reasons whatsoever the company shall not be responsible and no request for subsequent submission of the application will be entertained.
(3 of 3) [SAW-1882 / 2017] In case the On-line applicant is unable to submit the hard copy of the on-line application at the designated office of the Corporation within the cut- off date and time, such applicants will be treated as ineligible."
The petitioner has made contest on the issue. The perusal of Annexure-2 shows firstly on-line application but thereupon from Page 33 onwards, a hard copy of the application in the old format and not a copy of the on-line application. To verify the fact that hard copy submitted by the petitioner to the respondents was same as was on-line application or different, learned counsel for respondents was asked to produce both the copies. In pursuance of the direction, copies of on-line application as well as hard copy of the application have been submitted. The hard copy submitted by the petitioner is not the copy of on-line application. In view of the above, the petitioner failed to comply the requirement, as given in Para F of the brochure/guidelines, quoted above."
The contention of the appellant/petitioner is that the last date was 14th November, 2014 as submitted and he would get one week to submit the verification.
However, the contention is misconceived. The form has to be submitted on or before 14 th November, 2014, which has not been submitted within the period. Therefore, he was not found eligible and in our considered opinion, the learned Single Judge has not committed any error.
Hence, the appeal being devoid of merit deserves to be dismissed. The same is dismissed.
(VIJAY KUMAR VYAS),J (K.S.JHAVERI),J A.Sharma/50