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5. The Hindustan Petroleum had issued an advertisement on 28.8.2000 for the appointment of L.P.G. Distributors for different areas including at Janipur in the district of Patna, Bihar. The advertisement shows the vacancy was reserved for woman candidate. The petitioner, Nupur Srivastava, the proprietor of M/s Sadbhavna HP Gas (hereinafter to be referred to as "Nupur Patna High Court CWJC No.11915 of 2016 dt. 19-07-2017 3 Srivastava") having found herself suitable, applied for the dealership under the women category. As per guideline, she attached all the requisite documents including the mark-sheet of Matriculation bearing Roll No. 0352 and Roll Code 2119 year 1987. Nupur Srivastava also submitted, with the application form, an undertaking dated 3.10.2000 duly signed by her on the stamp paper in which she has extended an undertaking that if any information in the application or in any other documents attached with her application for award of LPG Distributorship, would be found to be incorrect or false, the Hindustan Petroleum Limited would be within its right to withdraw the Letter of Intent and terminate the dealership. The Selection Committee comprising one of the retired High Court Judges found the petitioner to have secured highest marks and, accordingly, she was declared selected for the distributorship of L.P.G. at Janipur, Letter of Intent was issued to the petitioner on 19.10.2001 in favour of the petitioner, whereafter, the LPG Dealership "Domestic and Commercial"

6. The Hindustan Petroleum Corporation received a complaint dated 10.2.2016 by one Raj Kumar Chaudhary, son of Chotan Singh, Resident of B.N.R. Road, Pathrighat, Gulzarbagh, Patna making an allegation that Smt. Nupur Srivastava (proprietor of Sadbhavna HP Gas Agency) on the strength of false Marks-sheet of Matriculation obtained the allotment of dealership. The Marks-sheet which was attached with the application bears the Matriculation Roll No. 0352 and Roll Code 2119 year 1987 does not belong to Smt. Nupur Srivastava but, the same is standing in the name of Surendra Karmali which is said to have been verified from the Bihar School Examination Board. On receipt of the complaint, the Corporation requested the Chairman, Bihar School Examination Board, Patna vide letter no. 15.3.2016 to confirm the authenticity of the Matriculation Certificate issued by the Board to Kumari Noopur Srivastava which was attached at the time of filing of the application for selection of the distributorship. Again the Corporation received a complaint/reminder Patna High Court CWJC No.11915 of 2016 dt. 19-07-2017 5 dated 25.3.2016 (Annexure-5 to the writ application) along with attached documents submitted earlier as well as the letter of the Bihar School Examination Board, Patna issued vide letter no. Pat. 7592 dated 8.3.2016 issued as an information under the RTI. On receipt of the same, the Hindustan Petroleum Corporation vide letter dated 16.4.2016 enclosing the letter dated 16.2.2016 received from the PMO Office to HPCL in which complaint was attached along with Matriculation Certificate of Nupur Srivastava, petitioner, she was asked to submit her explanation within seven days from the date of receipt of the letter, requested to treat the same to be most urgent. In pursuance of the letter of the Corporation dated 15.3.2016, the Assistant Secretary (Vigilance), Bihar School Examination Board, Patna vide letter dated 26.04.2016 gave information to the Corporation with respect to Roll Code and Roll Number mentioned in the marks-sheet attached by Smt. Noopur Shrivastava, the petitioner, wherein, it was found, the Roll No. 0352 and Roll Code 2119 Year 1987 (A) does not belong to Kumari Noopur Srivasava but the same is standing in the name of another student, namely, Surendra Karmali, arrived to a finding that the mark-sheet attached by Nupur Shrivastava is a fabricated document. The Corporation through its lawyer has sought information in detail with respect to Roll Number 0352, Roll Code 2119, name of the candidate, his date of birth, registration Patna High Court CWJC No.11915 of 2016 dt. 19-07-2017 6 number marks obtained and name of the school, whereafter, after perusal of the record, it was informed that the information furnished vide letter dated 18.5.2016 by the Bihar School Examination Board wherein the name of the candidate was shown Surendra Karmali, father name has been Jeet Ram Karmali and the name of the school has been mentioned as M.G. H/S Deoaria Bhurkunda having attached the mark-sheet obtained by Surendra Karmali. After collecting the information with respect to details of the Roll Number and Roll Code with respect to marks-sheet given by the petitioner, a show-cause notice was issued by the Hindustan Petroleum Corporation vide PLRO/BK/LPG dated 13.6.2016 (Annexure-H of the counter affidavit filed by respondent no.1) wherein it has been mentioned, the petitioner for obtaining the LPG Distributorship has attached the Matriculation Certificate having been found to be false and fabricated document, misled the Corporation in getting LPG Distributorship and drew attention towards the undertaking given by the petitioner dated 3.10.2000 and the petitioner was called upon to sow-cause as to why an action including termination of the Dealership Agreement should not be taken against her in accordance with the terms and conditions of the Dealership Agreement and the Policy Guidelines of the Corporation. The petitioner was given seven days time from the date of receipt of the aforesaid letter to file reply, if no reply is received, Patna High Court CWJC No.11915 of 2016 dt. 19-07-2017 7 action would be taken as it is deemed fit and proper under the provisions of the Dealership Agreement, whereafter, the petitioner has filed her show-cause dated 15.6.2016 mentioning therein that the Matriculation Certificate attached with the application submitted by her against the advertisement was not in any way knowingly or intentionally, she never had an occasion to verify the veracity of the Matriculation Certificate as the Matriculation Certificate was submitted by her elder brother, namely, Sri Prabhat Kumar, son of Late Sushil Bhushan and the same mark-sheet was attested by her elder brother-in-law Shri Arun Kumar Srivastava, she further stated that as a minor girl candidate, she had not fabricated the mark-sheet or had never been informed by her late father during his life time and her elder brother with regard to mark-sheet of Matriculation, she stated that it is beyond doubt that she had never knowingly or unknowingly given false/fabricated documents and never tried to mislead the Corporation into granting the LPG Distributorship. In the show-cause, she nowhere asserted the genuineness of her Matriculation Certificate attached by her.

54. It has been claimed by the petitioner that she had appeared in the Matriculation Examination as a private student through S.S. High School, Gola. The mark-sheet has been attached showing Roll Code 2119 and Roll No. 0352 indicates to have been passed the Matriculation Examination. It is not in dispute that against the advertisement the petitioner in proof of her qualification, attached her certificate showing her qualification to have passed the matriculation. An Interlocutory Application, not part of the main writ Patna High Court CWJC No.11915 of 2016 dt. 19-07-2017 88 application, has been filed bringing certain new subsequent facts to the notice of this Court, later on, vide order dated 9.9.2016, the Interlocutory Application was allowed and facts mentioned therein was treated to be part of the main writ application as has been claimed that after completion of 10 years, both the parties entered into further agreement extending the period of lease for further five years to run the agency of Domestic and Commercial Liquefied Gas.

55. As it appears from the record that one Raj Kumar Choudhary, private respondent No.2 addressed a complaint to the Senior Regional Manager, Hindustan Petroleum Corporation Limited, wherein specific allegation has been made that the mark-sheet which has been attached with the application bears the Matriculation Roll No. 0352 and Roll Code 2119 does not belong to Smt. Nupur (Noopur) Srivastava, but the same belongs to one Surenda Karmali, which has been verified from the record of the Bihar School Examination Board and after verification it was found that the Matriculation Certificate which has been attached with the application is a fake and fabricated one and requested to take cognizance of attachment of the fake Matriculation Certificate. The copy of the complaint was also sent to the Ministry of Environment including head office of the Hindustan Petroleum Corporation Limited. On receipt of the said complaint, the Senior Regional Manager vide letter Patna High Court CWJC No.11915 of 2016 dt. 19-07-2017 89 dated 15.03.2016 requested to the Chairman, Bihar School Examination Board, Patna to confirm the authenticity of the Matriculation Certificate issued by the Board to Kumari (Nupur) Noopur Srivastava as the document was produced by her to substantiate her eligibility criteria for LPG distributorship selection (Annexure-D to the counter affidavit at page 193).