High Court Kerala High Court

Dr.Rugmini Balasubramanian vs Indian Oil Corporation Limited on 13 June, 2008

Kerala High Court
Dr.Rugmini Balasubramanian vs Indian Oil Corporation Limited on 13 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15215 of 2008(J)


1. DR.RUGMINI BALASUBRAMANIAN,
                      ...  Petitioner

                        Vs



1. INDIAN OIL CORPORATION LIMITED,
                       ...       Respondent

2. DIVISIONAL MANAGER, INDIAN OIL

3. DIVISIONAL RETAIL SALES MANAGER,

4. PRESIDENT, MARAYAMUTTOM SERVICE

                For Petitioner  :SRI.S.V.PREMAKUMARAN NAIR

                For Respondent  :SRI.E.K.NANDAKUMAR

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :13/06/2008

 O R D E R
                           S.SIRI JAGAN, J.
                    ==================
                     W.P.(C).No.15215 of 2008
                    ==================
              Dated this the 13th day of June, 2008

                            J U D G M E N T

The petitioner and the 4th respondent which is a co-

operative society, were applicants for selection and appointment

of dealership of retail outlet of Indian Oil Corporation at

Perumkadavila. After interview marks were awarded.

Subsequently, apparently on a complaint made by the 4th

respondent, marks were changed. This is under challenge before

me. One of the contentions raised by the petitioner is that before

changing the marks the petitioner was not heard. The petitioner,

therefore, seeks the following reliefs:

“(i) To issue a writ of Certiorari or any other appropriate writ,
direction or order calling upon the records pertaining to Exts.P-9
and P-11 and quash the same.

(ii) To issue a writ of Mandamus or any other appropriate writ,
order or direction directing Respondents 1 to 3 to appoint the
petitioner as dealer of retail outlet at Perumkadavila in view of
her top position in Ext.P7.”

2. The learned Standing Counsel appearing for

respondents 1 to 3 submits that the procedure prescribed does

not contemplate a hearing of parties. According to him, when a

complaint is received from one of the applicants, that would be

2

sent for enquiry by an investigating officer who would look into

the complaint and submit a report, based on which appropriate

corrective measures would be taken. For this, there is no

necessity to hear the parties, is the submission made.

3. I have heard both parties.

4. I am unable to agree with the Standing Counsel

appearing for respondents 1 to 3. The procedure would have

been alright in the original award of marks. But when after

awarding marks and publishing the same, it is sought to be

corrected, naturally the parties are entitled to be heard in the

matter. In the above circumstances, I am of opinion that

respondents 1 to 3 should reconsider the matter after affording

an opportunity of being heard to the petitioner as well as the 4th

respondent before selecting one of them. This shall be done

within one month from the date of receipt of a certified copy of

this judgment.

The writ petition is disposed of as above.

Sd/-

sdk+                                         S.SIRI JAGAN, JUDGE
           ///True copy///




                             P.A. to Judge

3