Bombay High Court High Court

Anita vs Unknown on 9 March, 2010

Bombay High Court
Anita vs Unknown on 9 March, 2010
Bench: A.M. Khanwilkar, S. S. Shinde
                                  1


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                 
                     BENCH AT AURANGABAD.




                                         
               WRIT PETITION NO. 6977       OF 2009




                                        
    Anita W/o Sidram Koli,
    Age 41 years, Occu. Business,
    R/o Plot No. T-18, Pratap Nagar,
    Near Suraj Park, Shahanoorwadi,
    Aurangabad                           .. PETITIONER.




                            
                            VERSUS

    1)
                 
         The Union of India,
         Through the Secretary,
         Petroleum Department,
                
         New Delhi.
         [copy to be served
         on Standing counsel of
         U.O.I.]
      


    2)   The Chief Divisional Retail
   



         Sales Manager, Indian Oil
         Corporation Ltd., Pune Division,
         885, Bhandarkar Institute Road,
         Pune.





    3)   The General Manager, (Retail)
         Indian Oil Bhavan,
         Indian Oil Corporation Ltd.,
         G-9, Ali Yawar Jung Marg,
         Bandara (East), Mumbai-51.





    4)   Chief Executive Director (Retail)
         Indian Oil Bhawan,
         Indian Oil Corporation Ltd.,
         G-9, Ali Yawar Jung Marg,
         Bandara (East), Mumbai-51.

    5)   Ujwala V. Palspkar,
         Age Major, Occu. Household,
         R/o Kot Galli, Shinde Wada,
         Osmanabad, Dist. Osmanabad              ...RESPONDENTS.




                                         ::: Downloaded on - 09/06/2013 15:41:29 :::
                                       2


                              ...




                                                                         
    Shri N.P. Patil Jamalpurkar, Advocate holding for
    Shri P.G. Rodge, Advocate for Petitioner.




                                                 
    Shri Alok Sharma, Standing Counsel for R.No.1.
    Shri V.G. Gangapurwala, Advocate for R.Nos. 2 to 4.
    Shri R.G. Godbole, Advocate for R.No.5.




                                                
                                          CORAM : A.M. KHANWILKAR
                                                       AND
                                                  S.S. SHINDE, JJ.
                                          DATE        : 9th March, 2010.

                   
    JUDGMENT: (Per Shinde,J.)
                  
    1.           Heard    Learned     Counsel         appearing        for      the

    respective parties.
      


    2.   Rule.   By      consent,     Rule       is     made       returnable
   



    forthwith.        Counsel       appearing          for         respective

    respondents waive notice.             With the consent of the





parties, heard finally at the stage of admission.

This Writ Petition is filed seeking directions to

the respondent Nos. 2 to 4 to allot retail outlet

dealership to the petitioner and for that purpose

issue necessary letters/orders. It is also prayed

that, the selection of respondent No. 5 for allotment

of Retail outlet Dealership at Mohol, Dist. Solapur

::: Downloaded on – 09/06/2013 15:41:29 :::
3

may be quashed and set aside.

3. It is the case of the petitioner that, she

belongs to ‘Mahadeo Koli’ caste, which is recognized

as `Scheduled Tribe’. Respondent Nos. 2 to 4 had

issued an advertisement in daily Lokmat dated

21-04-2009 thereby inviting applications for allotment

of retail outlet dealership at various places. In the

said advertisement, it was advertised that one of the

Retail Outlet at Mohol, Dist. Solapur was to be

allotted to a person belonging to ‘Scheduled Tribe

category’.

In the said advertisement, it was

specifically mentioned that, the candidate who desires

to be considered from the reserve category, is

required to produce the caste validity certificate at

the time of interview, otherwise the application of

the said candidate would be rejected. In this

advertisement it was also mentioned that, after the

interviews were conducted, a merit list would be

published and in case anyone has any grievance about

the said list, he could lodge the complaint within 30

days from the date of publication of the said list, to

::: Downloaded on – 09/06/2013 15:41:29 :::
4

the respondent Authorities.

It is further case of the petitioner that, in

pursuance to the advertisement dated 21-04-2009, the

petitioner had applied to the respondent/authorities

along with all necessary documents including caste

validity certificate of the petitioner. After

scrutinizing all the documents the Authorities by

letter dated 29-07-2009 had called the petitioner and

other similarly situated candidates for interview,

which was scheduled to be held on 20-08-2009. In the

call letter, it was specifically mentioned that the

candidate was required to produce the original caste

validity certificate granted by the Scrutiny

Committee. It was also made clear that non production

of the caste validity certificate may lead to

disqualification / rejection of the candidature /

application.

4. In pursuance to the said call letter,

petitioner attended the said interview with all

relevant original documents including the caste

validity certificate. It is further case of the

petitioner that, the respondent Nos. 1 to 4 selected

::: Downloaded on – 09/06/2013 15:41:29 :::
5

respondent No. 5 for allotment of the said Retail

Outlet Dealership instead the petitioner. According to

the petitioner, respondent No. 5 has been selected

though she does not fulfill the conditions stipulated

in the advertisement as also in the call letter. The

respondent No. 5 is not eligible to be selected for

allotment of Retail Outlet Dealership because neither

she possesses the caste validity certificate nor she

produced/submitted the same along with her application

or even at the time of interview.

After receiving information that, the

respondent No. 5 is not eligible to be allotted the

said Dealership at Mohol, Dist. Solapur, the

petitioner, applied under the Right to Information

Act, 2005 to the Caste Scrutiny Committee for

Scheduled Tribes, at Pune asking for information about

the respondent No. 5’s caste validity certificate.

The Scrutiny Committee, in response thereto, by its

letter dated 29-09-2009 informed the petitioner that,

caste claim of respondent No.5 is pending with the

Scrutiny Committee. Therefore, the petitioner lodged

a complaint before the respondent Nos. 2 to 4 on

21-08-2009 and brought to their notice that, the

::: Downloaded on – 09/06/2013 15:41:29 :::
6

selection of respondent No. 5 is not just and proper

and since the petitioner is second in the merit list

the petitioner be granted the Retail Outlet Dealership

at Mohol, Dist. Solapur. In spite of the said

complaint/application the respondents have taken any

action. Hence this Writ Petition.

5. Counsel for the petitioner submits that the

advertisement in question specifically mentions that

the Retail Outlet Dealership at Mohol, Dist. Solapur

was to be allotted to the persons belonging to

Scheduled Tribe category and such candidate to produce

the caste validity certificate at the time of

interview, otherwise the said application of the

candidate would be rejected. It was also mentioned in

the said advertisement that, all necessary documents

were to be annexed to the said application and once

the application was submitted, the applicants would

not be given permission to add, delete or modify

contents therein. In the said advertisement it was

also specifically mentioned that, no additional

documents would be accepted or considered after the

last date of submission of the application. It was

also mentioned that, after conducting interviews, the

::: Downloaded on – 09/06/2013 15:41:29 :::
7

merit list would be published and in case the

aggrieved person can lodge the complaint within 30

days to the respondents authorities. It is further

submitted that, in pursuance to the advertisement

dated 21-04-2009, the petitioner has applied to the

respondent authorities annexing all necessary

documents including the caste validity certificate of

the petitioner, and accordingly, on 29-07-2009 the

petitioner attended
ig the interview. In spite of

fulfilling all conditions mentioned in the

advertisement, respondent No. 5 was selected for

allotment of Retail Outlet Dealership, though she is

not eligible. According to the petitioner,

respondent No. 5 did not possess caste validity

certificate at the time of interview, and therefore,

she should not have been considered for selection for

the Retail Outlet Dealership at Mohol, Dist. Solapur.

A communication by the authorities that the caste

claim of respondent No. 5 is pending with the Caste

Scrutiny Committee for validation, itself would

demonstrate that, the respondent No. 5 was not in

possession of original caste validity certificate at

the time of interview. It is further submitted that,

the advertisement dated 21-04-2009 was issued in Daily

::: Downloaded on – 09/06/2013 15:41:29 :::
8

‘Lokmat’ published in the State of Maharashtra. The

petitioner is resident of Aurangabad and respondent

No. 5 is resident of Osmanabad. The respondent Nos. 1

to 4 carried out their activities in Marathwada, and

therefore, this Court has jurisdiction to entertain

this Writ Petition. Therefore, learned counsel for the

petitioner would submit that, this Writ Petition may

be allowed.

6.

Counsel for respondent Nos. 2 to 4 invited

our attention to the reply affidavit and also

additional affidavit filed on behalf of the said

respondents. According to respondent Nos. 2 to 4,

there is condition mentioned in the advertisement that

the person holding the caste certificate issued by

the competent authorities is entitle to fill in the

application and to appear for interview.

7. Counsel for respondent Nos. 2 to 4 submits

that, before the date of interview, upon requests made

by some of the applicants the management has taken a

decision that all eligible candidates be called for

interview and be allowed to participate in the

interview irrespective of availability of caste

::: Downloaded on – 09/06/2013 15:41:29 :::
9

validity certificate. The reason for such decision was

that the applications for certificates of the

candidates were pending before competent authority for

verification and the said verification would take a

long time. It is further submitted that, the said

selection of the candidates is purely provisional and

subject to the production of caste validity

certificate. It is further submitted that, the Indian

Oil Corporation has already initiated necessary steps,

in order to investigate the complaint of the

petitioner dated 24-08-2009 and an officer has been

nominated to investigate the said complaint. It is

further submitted that, the petitioner has placed at

serial No. 2 in the merit list published on

20-08-2009. Respondent No. 5 is at serial No. 1 in the

merit list. However, she has not been issued with the

letter of intent, as the matter is under

investigation. It is further submitted that, the

present Writ Petition is premature, as no letter of

intent is issued to any candidates and the issuance of

letter of intent is subject to the production of caste

validity certificate. Therefore, the Writ Petition

deserves to be dismissed.

::: Downloaded on – 09/06/2013 15:41:29 :::
10

On behalf of respondent Nos. 2 to 4, relying

on additional affidavit in reply, it is also submitted

that, no injustice is caused to the petitioner. In

view of the advertisement, no injustice is caused, as

all eligible candidates were entitled to submit the

application with the Caste Certificate, issued by the

competent authority, as per Part-I. However, as per

the advertisement the Caste validity certificate is

required to be produced at the time of interview. The

learned counsel further invited our attention to para

No. 7 of the additional affidavit in reply to contend

that the matter was reviewed by Maharashtra State

Office, Retail Office, Retail Sales Manager and

Executive Director, in consultation with Head Office,

and therefore, the action was advised to the effect

that, in case of Scheduled Caste /Scheduled Tribe

locations, all eligible candidates will be interviewed

whether they have the caste validity certificate or

not. However, letter of intent would be issued to the

selected candidates, only on production of the caste

validity certificate all other procedures to be

followed as per the guidelines. Therefore, learned

counsel would submit that, it is only after interviews

are held, merit panel is prepared of three eligible

::: Downloaded on – 09/06/2013 15:41:29 :::
11

candidates in the order of merit, and thereafter, the

field investigation report is called for in respect of

the first candidate, who is first in merit list, and

if everything is proper and according to guidelines,

then the letter of intent is issued. It is further

submitted that, issuance of letter of intent is

subject to the production of the caste validity

certificate. Therefore, learned counsel would submit

that, no injustice is caused to any of the eligible

candidates and all the candidates, who were eligible

from Scheduled Caste /Schedule Tribe category were

called for interview. Therefore, learned counsel

would submit that, Writ Petition is devoid of any

merits and same deserves to be dismissed.

8. Counsel appearing for the respondent No.5

raised preliminary objection for entertaining Writ

Petition on the ground that, the place where Retail

Outlet Dealership is allotted, is not within the

jurisdiction of this Bench and the interviews are held

at Pune, and therefore, the present petition ought to

have been filed and heard at Principle Bench. It is

further submitted that, the respondent No. 5 stood

first in merit list, and therefore, she was entitled

::: Downloaded on – 09/06/2013 15:41:29 :::
12

to get Retail Outlet Dealership at Mohol, Dist.

Solapur. It is further submitted that, field survey

report taken by the respondent Nos. 2 to 4 also

supports the claim of the respondent No. 5. It is

further submitted that, under Rules, there is no

provision for submitting validation certificate at the

time of interview. It is further submitted that, if

the petitioner is aggrieved by the order of respondent

Nos. 2 to 4,
ig in that event, the petitioner has

alternative remedy by way of complaint before Indian

Oil Corporation at the address of the customer service

cell displayed at the nearest retail outlet of Indian

Oil Corporation. Complaints can also be lodged on the

website of Indian Oil Corporation, as a complaints

against dealer’s selection. Therefore, learned

counsel would submit that, the writ Petition is devoid

of merits and same deserves to be dismissed.

9. We have heard the learned counsel appearing

for the respective parties at length. Firstly, We

shall deal with the preliminary objection raised by

the learned counsel appearing for the respondent No. 5

that, this bench has no jurisdiction to entertain the

Writ Petition in view of the fact that the allotment

::: Downloaded on – 09/06/2013 15:41:29 :::
13

of Retail Outlet dealership is at Mohol, Dist.

Solapur, which comes under the jurisdiction of

Principal Bench and interviews were held at Pune, and

therefore, Writ Petition should have been filed and

heard at Principal bench. This plea merely deserves to

be stated to be rejected, in view of the fact that,

the advertisement was issued even at Aurangabad in

Daily ‘Lokmat’. Besides, the petitioner being

ordinary residentig of Aurangabad, had submitted his

application from Aurangabad, which is within the

jurisdiction of this Bench.

10. Reverting to the merits, we would like to

refer to the undisputed facts involved in the present

case. The Indian Oil Corporation Ltd., has issued

brochure for selection of petrol/diesel retail outlet

dealers on 01-07-2009. Under clause 4.3 (B) (i)

reservation is provided for Scheduled Castes/

Scheduled Tribes which care recognized under the

Constitution of India. The said clause 4.3.(B) (i)

reads thus :-

“(i) Scheduled Castes / Scheduled Tribes (SC/ST)
Those recognized as Scheduled Cast/Scheduled
Tribes (SC/ST) under the Constitution of

::: Downloaded on – 09/06/2013 15:41:29 :::
14

India, issued by a competent authority as

under :





                                               
          District     Magistrate/       Additional          District
          Magistrate/Collector/Deputy                Commissioner/
          Addl.        Deputy      Commissioner/                 Deputy




                                              
          Collector/1st            Class                  Stipendiary
          Magistrate/City       Magistrate         (Not    below      the

rank of 1st Class Stipendiary Magistrate/Sub
Divisional Magistrate /Taluka Magistrate/

Executive Magistrate/Extra Assistant

Commissioner.

Magistrate/Additional
Chief
Chief
Presidency
Presidency
Magistrate/ Presidency Magistrate. Revenue

Officer not below the rank of Tahsildar.
Sub Divisional Officer of the area where the
candidate and/or his family normally resides

Administrator/ Secretary to Administrator/

Development Officer (Lakshadweep) any other
competent authority notified by the
Government of India.

In clause 10 of the said brochure there is a

reference of application form to be filed before the

respondents for dealership. The clause 10 (a) reads

thus :-

” (a) The application can be submitted

on plain paper in the prescribed format as

mentioned.

(b)————————

::: Downloaded on – 09/06/2013 15:41:29 :::
15

(c)—————————-

(d)—————————

(e)—————————–

(f)——————————

     (g)           No                       addition/deletion




                                                
            /alteration      will     be    permitted           in     the

     application once it is submitted.




                                
     (h)           No additional documents whatsoever

will be accepted or considered after the cut

off date of the application.

(i) Application received after the cut

off date for any reason including postal

delay, and those without accompanying valid

documents like Affidavits, Certificates etc.,

application fee or incomplete in any respect

will not be considered and no correspondence

will be entertained by IOC in such cases

whatsoever.

     (j)           The     applications               received          are





     scrutinized         after   the       cut        off    date       for

receiving the applications as given in the

advertisement. In case of applications

rejected at the time of scrutiny, the

concerned applicant will be advised the

::: Downloaded on – 09/06/2013 15:41:29 :::
16

reasons for rejection in writing and such

applicants will not be called for interview.”

On perusal of clause (g) of the application

form it shows that, no addition, deletion, or

alteration will be permitted once it is submitted. It

is further provided in clause 10(h) that, no

additional documents whatsoever will be accepted or

considered after the cut off date of the

application. The clause 13 of the brochure provides

for interviews. The clause 13 of the brochure is reads

thus :-

” The candidates should produce originals of

the documents submitted by them with the
application, at the time of interview failing
which the applicants will be rendered

ineligible. The candidates will also have to
submit a fresh affidavit as per Annexure-A or
Annexure-A 1 as applicable prior to the date
of interview, failing which the candidate

will be considered as ineligible for
dealership. A Committee will be evaluate the
candidates and select them based on the marks
obtained on various parameters based on the
documents submitted with the application form
and their performance in the interview.”

::: Downloaded on – 09/06/2013 15:41:29 :::
17

11. Plain reading of clause 13 would make it

clear that, the candidates are required to produce

originals of the documents submitted by them with the

application, at the time of interview, failing which

the applicant will be rendered ineligible.

At this juncture it would be relevant to

refer to the advertisement i.e. notice for appointment

of Retail Outlet
ig Dealers issued by Indian Oil

Corporation Ltd. Clause No.2 of the said

advertisement is in respect of eligibility criteria.

In the present case, the petitioner and respondent No.

5 have applied in pursuance to the said advertisement.

The clause 2(b) of the said advertisement reads

thus :-

“Scheduled Caste/Scheduled Tribe Category
(SC/ST):- Persons belonging to SC/ST
category should submit a caste certificate
of ‘Scheduled Caste/Scheduled Tribe’

category issued by the competent authority.

(i)—————————————

The applicant(s) belonging to SC/ST category
should ensure that the original caste
validity certificate granted by the Caste
Scrutiny Committee as per Gazette
Notification issued by the Govt. of

::: Downloaded on – 09/06/2013 15:41:29 :::
18

Maharashtra is produced at the time of

interview, failing which their
candidature/application shall be rejected.”

12. It is not in dispute that, when the

respondent No. 5 was interviewed she was not holding

the caste validity certificate in her favour and the

petitioner herein had submitted original caste

validity certificate at the time of interview. The

requirement, as stated in the advertisement, states in

unambiguous terms that, at the time of interview the

candidate should produce the original documents, of

which copies are submitted along with application

form. It would be relevant to refer to para No.2 of

the affidavit filed on behalf of respondent Nos.2 to

4. It is admitted in para No. 2 that, it is true that,

the caste validity certificate is necessary at the

time of interview. Para No. 3 of the additional

affidavit filed on behalf of respondent Nos. 2 to 4

filed by Deputy Manager, (Retail Sales), Indian Oil

Corporation Ltd., Pune reads thus :-

” I further say that, Second part of the
said Advertisement for Scheduled
Castes/Scheduled Tribes category says that,
Applicants belonging to Scheduled

::: Downloaded on – 09/06/2013 15:41:29 :::
19

Castes /Scheduled Tribes Category, should

ensure that the original Caste Validity
Certificate, granted by the Caste Scrutiny

Committee, as per the Gazette Notification,
issued by the Government of Maharashtra is
produced at the time of interview. Failing

which, their candidature / applications shall
be rejected.”

Therefore, on undisputed facts, it is crystal

clear that, at the time of interview of the petitioner

and respondent No. 5, the petitioner had produced

original caste validity certificate before the

interview committee and respondent No. 5 did not

produce the same. The contention raised by the

respondent No.5 that there is no Rule to submit caste

validation certificate at the time of interview is

required to be rejected in the light of clause 2(b)

mentioned in the advertisement.

It is also relevant to mention that, in

clause 10 of the brochure i.e. Application form, it is

provided that no addition, deletion, alteration will

be permitted in the application once it is submitted

and no additional documents whatsoever will be

accepted or considered after the cut off date of the

::: Downloaded on – 09/06/2013 15:41:29 :::
20

application. Therefore, it follows that no addition,

deletion, alteration was permissible in the

application once it was submitted.

12. Though the learned counsel appearing for the

respondent Nos. 2 to 4 submitted that in the interest

of candidates from Scheduled Castes / Scheduled

Tribes, the respondents have decided to take

interviews of the candidates irrespective of the facts

that the original caste validity certificate was not

available with them at the time of interview, we

cannot accept this submission of the learned counsel

appearing for the respondent Nos. 2 to 4, in view of

the specific clauses in the brochure as well as

advertisement prescribing the eligibility criteria for

the candidates belonging to Scheduled Castes /

Scheduled Tribes category.

13. Taking overall view of the matter and taking

into consideration undisputed position that the

condition enumerated in the advertisement clearly

mentions that the candidate should submit original

certificates including the caste validity certificate

at the time of interview, and even call letters issued

::: Downloaded on – 09/06/2013 15:41:29 :::
21

also mentions that the candidate should produced all

original certificates at the time of interview, it is

not open for the respondents to contend that it was

not necessary to produce original caste validation

certificate at the time of interview.

15 Learned counsel appearing for the petitioner

has placed reliance on the reported judgment of the

Apex Court in the case of M/s. Monarch Infrastructure

(P) Ltd. V/s. Commissioner, Ulhasnagar Municipal

Corporation and others [AIR 2000 SC 2272]. The

Hon’ble Supreme Court in para No.12 of the said

judgment has held thus :-

“12. The High Court had taken the view
that if a term of the tender having been
deleted after the players entered into

the arena it is like changing the rules
of the game after it had began and,
therefore, if the Government or the
Municipal Corporation was free to alter

the conditions fresh process of tender
was the only alternative permissible.

                 Therefore,         we      find       that       the        course
                 adopted       by     the      High     Court             in    the
                 circumstances           is      justified         because       by
                 reason       of    deletion           of     a        particular
                 condition          the        wider        net         will     be




                                                        ::: Downloaded on - 09/06/2013 15:41:29 :::
                                           22

permissible and a larger participation

or more attractive bids could be
offered.”

Yet in another reported judgment in case of

K. Manjushree Vs. State of A.P. (2008) 3 Supreme Court

Cases 512, in para No. 33 the Hon’ble Supreme Court

held that :-

” The Resolution dated 30-11-2004 merely

adopted the procedure prescribed earlier. The

previous procedure was not to have any

minimum marks for interview. Therefore,

extending the minimum marks prescribed for

written examination, to interviews, in the

selection process is impermissible. We may

clarify that prescription of minimum marks

for any interview is not illegal. We have no

doubt that the authority making rules

regulating the selection, can prescribe by

rules, the minimum marks both for written

examination and interviews, or prescribe

minimum marks for written examination but not

for interview, or may not prescribe any

minimum marks for either written examination

or interview. Where the rules do not

::: Downloaded on – 09/06/2013 15:41:29 :::
23

prescribe any procedure, the Selection

Committee may also prescribe the minimum

marks as stated above. But if the Selection

Committee wants to prescribed minimum marks

for interview, it should do so before the

commencement of selection process, it cannot

either during the selection process or after

the selection process, add an additional

requirement that the candidates should also

secure minimum marks in the interview. What

we have found to be illegal, is changing the

criteria after completion of the selection

process, when the entire selection proceeded

on the basis that there will be no minimum

marks for the interview.” (Emphasis

supplied).

At this juncture, it would be relevant to

refer to reported judgment in case of Hemani Malhotra

V/s. High Court of Delhi [reported in (2008) 7 Supreme

Court Cases 11 the Hon’ble Supreme Court held that :-

” The authority making rules regulating

the selection can prescribe by rules the

minimum marks both for written examination

::: Downloaded on – 09/06/2013 15:41:29 :::
24

and viva voce, but if minimum marks are not

prescribed for viva voce before commencement

of selection process or after the selection

process, the authority concerned cannot

either during the selection process or after

the selection process, add an additional

requirement/qualification that the candidate

should also secure minimum marks in the

interview. ig There is no good ground for

reconsideration of proposition of law laid

down in this regard in K. Manjusree Case

(2008) 3 SCC 512. Prescription of minimum

marks by the respondent High Court for viva

voce, after written test was over, was

illegal.” (Emphasis supplied).

Therefore, it follows from the authoritative

pronouncements of the Hon’ble Supreme Court cited

supra, that the authority cannot either during the

selection process or after the selection process alter

or add an additional requirement / qualification or

alter of any conditions already laid down for selection

process.

::: Downloaded on – 09/06/2013 15:41:29 :::
25

16. In the instant case, it is admitted position

that, at the time of interview, the petitioner was

possessing caste validity certificate and respondent

No. 5 was not holding caste validity certificate. In

fact, as per the requirements, conditions mentioned in

the brochure, advertisement and call letter for

interview, as stated in foregoing paragraphs of this

judgment, it was incumbent to have caste validity

certificate at the time of interview itself. In that,

it is stated in those conditions that, the applicants

belonging to Scheduled Caste / Schedule Tribe should

ensure that the original caste validity certificate

granted by the Caste Scrutiny Committee to be produced

at the time of interview, failing which their

candidature or application shall be rejected.

Therefore, the respondent No. 5 at the time of

interview was not having caste validity certificate and

was not eligible to be considered for the Retail Outlet

Dealership at Mohol, Dist. Solapur. However, Respondent

No.5 was considered as the respondent Nos.2 to 4

decided to relax the condition of having caste validity

certificate at the time of interview, after the

applications were processed and completed in all

respects. In other words, the decision to relax the

::: Downloaded on – 09/06/2013 15:41:29 :::
26

condition of producing caste validity certificate at

the time of interview which pertained to eligibility/

conditions prescribed in the advertisement and

brochure, was taken soon before the interview, and

during the selection process which cannot be

countenanced in the light of the judgments of the

Hon’ble Supreme Court cited supra. Needless to mention

that, many candidates similarly placed as the

Respondent No.5,
ig who did not have caste validity

certificates; could have participated in the process of

selection for Retail Outlet Dealership, if the

advertisement or the brochure were to clearly specify

that position. Only then the respondent Nos.2 to 4

could have allowed them to participate in interview in

absence of caste validity certificate. The

eligibility/condition of producing caste validity

certificate after the selection process had began has

obviously deprived opportunity to many other candidates

similarly placed as that of the Respondent No.5 who did

not apply because of the contrary eligibility condition

in the advertisement. Therefore, in our considered

opinion, it was not permissible for the respondent Nos.

2 to 4 to relax / waive the condition of producing

caste validity certificate at the time of interview of

::: Downloaded on – 09/06/2013 15:41:29 :::
27

the candidates.

17. We are of the considered opinion that, on the

date of interview and actually when interview was held,

the petitioner was the only candidate eligible for

selection since he possessed the caste validity

certificate. Therefore, the respondent Nos. 2 to 4 were

not right in placing the respondent No. 5 at serial No.

1 in the merit list. The petitioner is shown second in

the merit list and was the only candidate who

fulfilled all the eligibility criteria /conditions laid

down in brochure / advertisement. Therefore, the Retail

Outlet Dealership at Mohol, Dist. Solapur should have

been given to the petitioner.

18. Taking over all view of the matter and in the

light of discussion here-in-above, we are of the

considered opinion that, the petitioner is bound to

succeed in this petition. Hence, the petition is

allowed. Directions / order of the respondent Nos. 2 to

4 to allot the Retail Outlet Dealership in favour of

respondent No. 5 and showing him in merit list at

serial No. 1 is quashed and set aside. The respondent

Nos. 1 to 4 are directed to give Retail Outlet

::: Downloaded on – 09/06/2013 15:41:29 :::
28

Dealership at Mohol Dist. Solapur to the petitioner.

Rule is made absolute in terms of prayer clauses (B) &

(C), which read thus :-

” (B) By appropriate Writ, order or

directions, the selection of the respondent

No. 5 for allotment of Retail Outlet

Dealership at Mohol, Dist. Solapur may be

quashed and set aside.

           (C)   By         appropriate         Writ,         order          or

           directions,        the respondent          authorities may

           be    directed      to   allot       the     Retail         Outlet
      


Dealership to the petitioner and for that

purpose issue necessary letters / orders in

that regard.”

Petition is allowed and disposed of on the

above terms. The Civil Application, if any stands

disposed of in view of the disposal of main Writ

Petition.

[ S.S. SHINDE, J ] [ A.M. KHANWILKAR, J ]

SDM*

::: Downloaded on – 09/06/2013 15:41:29 :::