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Rajasthan High Court - Jodhpur

Manju Devi vs Indian Oil Corporation Ltd on 25 February, 2014

Author: Govind Mathur

Bench: Govind Mathur

                                (1)

  IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    AT JODHPUR

                            ORDER

S.B. CIVIL WRIT PETITION NO.6891/2012 Manju Devi Vs. Indian Oil Corporation Limited DATE OF ORDER : 25.2.2014 PRESENT HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Rakesh Arora, for the petitioner.

Mr. Om Mehta           ] for the respondents.
Mr. Deepak Nehra       ]
                                ...

The respondent-Indian Oil Corporation Limited (hereinafter referred to as 'IOC') invited applications for grant of dealership of retail outlet relating to Kishan Sewa Kendra at village Kodka under a notice dated 28.7.2011. The petitioner considering himself eligible submitted application in the prescribed proforma for consideration of his candidature for grant of dealership. The respondent-IOC by letter dated 23.7.2012 communicated to the petitioner that being the application not supported by affidavit as required, the same stands rejected. Aggrieved by the decision of the respondent petroleum Company, the instant petition for writ is preferred.

The submission of learned counsel for the petitioner is that as per Clause-10 of the notification there was no need to submit (2) affidavit in proforma (Annex.A) alongwith the application form. The petitioner was required to file affidavit as per Clause-13 before facing interview.

I do not find any merit in the argument advanced. A close reading of Clause-10 of the notification clearly indicates the need of submitting affidavit alongwith the application itself. It is further relevant to mention that the issue akin to the instant one came up before this Court in S.B. Civil Writ Petition No.7462/2011 (Prithviraj Rajpurohit Vs. Union of India & Ors.), wherein after examining the entire scheme and the norms prescribed, this Court held that if the application in the prescribed format is not supported by required affidavit, then that is not in accordance with the norms prescribed and, thus, deserves to be rejected. The judgment aforesaid came to be affirmed by Division Bench of this Court in D.B. Civil Special Appeal (W) No.1330/2013 (Prithviraj Rajpurohit Vs. Union of India & Ors.) vide order dated 14.2.2014.

In view of whatever stated above, I do not find any merit in this petition for writ. Accordingly, the same is dismissed.

(GOVIND MATHUR), J.

Sanjay