{"id":213602,"date":"2010-01-25T00:00:00","date_gmt":"2010-01-24T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/ashok-kumar-singh-vs-hindustan-petroleum-corporation-on-25-january-2010"},"modified":"2016-03-08T19:56:36","modified_gmt":"2016-03-08T14:26:36","slug":"ashok-kumar-singh-vs-hindustan-petroleum-corporation-on-25-january-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/ashok-kumar-singh-vs-hindustan-petroleum-corporation-on-25-january-2010","title":{"rendered":"Ashok Kumar Singh vs Hindustan Petroleum Corporation &#8230; on 25 January, 2010"},"content":{"rendered":"<div class=\"docsource_main\">Allahabad High Court<\/div>\n<div class=\"doc_title\">Ashok Kumar Singh vs Hindustan Petroleum Corporation &#8230; on 25 January, 2010<\/div>\n<pre>                                     1\n\n                                                                   Reserved\n\nWrit Petition No. 7839 (MB) of 2007\nAshok Kumar Singh\nVs.\nHindustan Petroleum Corporation Limited\nand others; and\n\nWrit Petition No. 8875 (MB) of 2008\nAhsan Mohammad Ali\nVs.\nHindustan Petroleum Corporation Limited\nand others\n\n\nHon'ble Pradeep Kant, J.\n<\/pre>\n<p>Hon&#8217;ble Ritu Raj Awasthi, J.\n<\/p>\n<p>        These are two writ petitions, which raise a common challenge to the<br \/>\naward of Liquefied Petroleum Gas (LPG) distributorship at Puredalai<br \/>\nDevelopment Block, District Barabanki, which has been awarded to Manoj<br \/>\nKumar Singh, the private respondent. The writ petitions are, therefore,<br \/>\nbeing decided by a common order.\n<\/p>\n<p>        Writ Petition No. 7839 (MB) of 2007 filed by Ashok Kumar Singh<br \/>\nis the leading writ petition.\n<\/p>\n<p>        Hindustan Petroleum Corporation Limited (hereinafter referred to as<br \/>\nthe Corporation) published an advertisement dated 8.2.04, advertising<br \/>\nvarious locations including the present location for appointment of LPG<br \/>\ndistributors.\n<\/p>\n<p>        The petitioner alongwith Manoj Kumar Singh and Ahsan<br \/>\nMohammad Ali, the petitioner of the other writ petition and certain other<br \/>\npersons, applied for the distributorship of LPG. The last date for submission<br \/>\nof forms and requisite documents was 9.3.04. The interview was held on<br \/>\n17.9.07 and the select list was published on 17.9.07 itself, wherein the<br \/>\npetitioner Ashok Kumar Singh was shown to have been awarded 30.67<br \/>\nmarks. Out of the four candidates, only two could secure more than<br \/>\nminimum eligibility marks, namely, Manoj Kumar Singh and Ahsan<br \/>\nMohammad Ali and found their places respectively at serial no. 1 and 2 of<br \/>\nthe merit list.\n<\/p>\n<p>        The petitioner Ashok Kumar Singh, being aggrieved by the<br \/>\naforesaid award of marks, made representations to the Corporation on<br \/>\n25.9.07 and also on 28.9.07. In pursuance of the directions issued by this<br \/>\n<span class=\"hidden_text\">                                       2<\/span><\/p>\n<p>Court vide its order dated 12.10.07, the Corporation was required to decide<br \/>\nthe representations aforesaid, which were decided on 4.1.08.\n<\/p>\n<p>        On reconsideration of the matter, as per the grievance raised by the<br \/>\npetitioner, the Corporation found that the marks, which were awarded to<br \/>\nAshok Kumar Singh deserved an increase of 15 marks and thus, he has been<br \/>\nawarded 45.67 marks in place of 30.67 marks originally allotted. But the<br \/>\nCorporation did not find any illegality or irregularity in the award of marks<br \/>\nto Manoj Kumar Singh, who had secured 53.24 marks and was empanelled<br \/>\nas the first candidate. The result of such scrutiny thus, did not effect the<br \/>\nselection of Manoj Kumar Singh, who was previously also at serial no. 1 of<br \/>\nthe merit list.\n<\/p>\n<p>        However, Ahsan Mohammad Ali, who was at serial no. 2, was<br \/>\npushed down to serial no. 3 as Ashok Kumar Singh secured his place at<br \/>\nserial no. 2. Ahsan Mohammad Ali has filed the writ petition challenging<br \/>\nthe said change of marks and also asserting that since Manoj Kumar Singh<br \/>\nwas not possessed of the land, as required under the advertisement,<br \/>\ntherefore, his candidature deserves to be rejected and as a consequence of<br \/>\nsuch rejection, he should be placed at serial no. 2 and the distributorship be<br \/>\noffered to him and not to Ashok Kumar Singh, who again has not been<br \/>\nawarded marks correctly.\n<\/p>\n<p>        The petitioner challenged the candidature of Manoj Kumar Singh,<br \/>\nprivate respondent, mainly on the following two grounds: (i) on the last date<br \/>\nof submission of application forms i.e. 9.3.04, Manoj Kumar Singh was less<br \/>\nthan 21 years of age and, therefore, his candidature could not have been<br \/>\nconsidered; and (ii) under the caption &#8216;capability to provide infrastructure&#8217;,<br \/>\nmarks were wrongly awarded to him, namely, 10 marks, whereas he should<br \/>\nhave been awarded &#8216;0&#8217;, since he was not having any land on the date of<br \/>\napplication, which could fall in the category of either leased land or the land<br \/>\nwhich could have been arranged by the petitioner.\n<\/p>\n<p>        This plea is based on the fact that the land which was shown by the<br \/>\npetitioner that he can arrange, was transferred in the meantime and,<br \/>\ntherefore, he was not entitled to any marks under the said head.\n<\/p>\n<p>        In regard to the plea that the private respondent Manoj Kumar Singh<br \/>\nwas under-age on the date of application, suffice would be to mention that<br \/>\nthe plea appears to have been raised on some misconceived notion, as the<br \/>\ndate of birth of the private respondent, as recorded in the High School<br \/>\n<span class=\"hidden_text\">                                          3<\/span><\/p>\n<p>Certificate of U.P. Board of High School and Intermediate Education is<br \/>\n8.1.82. Alongwith the form, the aforesaid certificate was also filed and the<br \/>\nsame date of birth was mentioned in the application form. Since the last date<br \/>\nof submission of application form was 9.3.04, therefore, it cannot be said<br \/>\nthat he was less than 21 years of age.\n<\/p>\n<p>        The plea, therefore, stands to be rejected.\n<\/p>\n<p>        The next argument that marks were wrongly awarded to private<br \/>\nrespondent under the head of &#8216;capability to provide infrastructure&#8217;, it is the<br \/>\nCorporation&#8217;s specific stand that he having filled in the column that he &#8216;can<br \/>\narrange&#8217; the land, he has been awarded only ten marks, as per the criteria<br \/>\nand the norms. Therefore, it cannot be said that any incorrect marking has<br \/>\nbeen done to favour him. The minimum requirement of the land, according<br \/>\nto the brochure issued by the Corporation was as under:\n<\/p>\n<blockquote><p>        Clause 8.1 &#8211; Minimum land for Godown &#8211; 27 m x 26.15 m<br \/>\n        Clause 8.2 &#8211; Minimum land for Showroom &#8211; 3 m x 4.5 m<\/p>\n<p>        Clause 14.1 of the brochure says that the allocation of marks and<br \/>\nvarious parameters based on documents will be carried out, as per the<br \/>\ninformation given in the application. Under the criteria &#8216;capability to<br \/>\nprovide infrastructure and facilities (as on the date of application), 25 marks<br \/>\nwere to be allotted, if the applicant owns having clear title\/registered sale<br \/>\ndeed of the suitable land\/godown. Eighteen marks were to be awarded if<br \/>\nthere was a &#8216;firm offer&#8217; for example, having agreement to purchase\/lease of<br \/>\nsuitable land\/godown and only ten marks were to be awarded, if the<br \/>\napplicant describes it as &#8216;can arrange&#8217; the land.<\/p><\/blockquote>\n<p>        Likewise for the showroom also, if the applicant owns having clear<br \/>\ntitle\/registered sale deed of the suitable land\/shop for showroom, then ten<br \/>\nmarks; seven marks for firm offer, for example, having agreement to<br \/>\npurchase suitable land\/shop for showroom and only five marks were to be<br \/>\nawarded, if he &#8216;can arrange&#8217; land\/shop for showroom.\n<\/p>\n<p>        Since the rest of the eligibility criteria for award of marks are not in<br \/>\ndispute, therefore, the same are not being reproduced.\n<\/p>\n<p>        The private respondent undisputedly and as is also evident from the<br \/>\nrecord, has given his option under the aforesaid criteria under the sub head<br \/>\n&#8216;can arrange&#8217;. While doing so, he also filed an agreement on notary affidavit<br \/>\n<span class=\"hidden_text\">                                        4<\/span><\/p>\n<p>dated 3.3.04 executed by one Chandra Pal Singh, Chhedi Singh and Tej<br \/>\nBahadur Singh, saying that the aforesaid persons have agreed to sell\/lease<br \/>\nthe plot nos. 577\/Ka and 588 situated in Puredalai, District Barabanki. He<br \/>\nalso filed an affidavit dated 5.3.04 alongwith application form, stating that<br \/>\nhis father is ready to provide land to him for godown and showroom. The<br \/>\ndimensions of the land required for godown and the showroom have already<br \/>\nbeen stated earlier.\n<\/p>\n<p>        It is the further case of the private respondent that after the death of<br \/>\nChhedi Singh and Tej Bahadur Singh, who had submitted the affidavit dated<br \/>\n3.3.04 for providing the land of plot no. 577\/Ka, their successor Chandra<br \/>\nPal Singh executed a sale deed dated 25.9.07, by virtue of which they have<br \/>\ntransferred their share i.e. 7\/9th part of plot no. 577\/Ka in favour of private<br \/>\nrespondent. Again on 1.10.07, the successors of Chhedi Singh, namely,<br \/>\nAmar Singh alias Gaddana Siongh and Sukhdeo Singh executed a sale deed,<br \/>\nunder which 2\/9th share of plot no. 577\/Ka was transferred in favour of<br \/>\nprivate respondent and as such, the whole plot no. 577\/Ka, area 0.110<br \/>\nhectare has been transferred in favour of the private respondent, by virtue of<br \/>\nthe aforesaid two sale deeds. The name of private respondent, Manoj Kumar<br \/>\nSingh was also recorded in the revenue records on 6.12.07.\n<\/p>\n<p>        Dr. L.P. Misra appearing for the petitioner vehemently urged that<br \/>\nsince on the date of moving application and before the last date of<br \/>\nsubmission of application forms, the private respondent was not having any<br \/>\nland and the land aforesaid which was shown to be possessed by him or for<br \/>\nwhich he had allegedly entered into an agreement to sell, already stood<br \/>\ntransferred, therefore, he could not have been awarded any marks under the<br \/>\ncaption &#8216;can arrange&#8217;.\n<\/p>\n<p>        The argument is that even under the caption &#8216;can arrange&#8217; the<br \/>\napplicant has to show a specific land\/plot or the land for godown and land<br \/>\nfor the shop\/showroom and since the private respondent was not having any<br \/>\nsuch land or shop, no marks could have been awarded to him under the said<br \/>\ncaption and, as a matter of fact, zero marks should have been given,<br \/>\nwhereas he has been awarded ten marks.\n<\/p>\n<p>        In support of his plea that even under the caption &#8216;can arrange&#8217; there<br \/>\nhas to be specific and identified land\/shop or the land, which the applicant<br \/>\ncan arrange on issuance of the letter of intent, he relies upon Clause 9 of the<br \/>\nbrochure, which has the heading &#8216;construction of godown\/showroom on the<br \/>\n<span class=\"hidden_text\">                                       5<\/span><\/p>\n<p>site as mentioned in the application form&#8217; and reads as under:\n<\/p>\n<blockquote><p>                &#8220;9. Construction of Godown\/Showroom on the<br \/>\n        site as mentioned in application form:\n<\/p><\/blockquote>\n<blockquote><p>                The applicants who readily have suitable<br \/>\n        godown\/land for construction of godown for storage of<br \/>\n        filled LPG cylinders and shop\/land for construction of<br \/>\n        shop for LPG showroom for setting up of LPG<br \/>\n        distributorship or have a firm commitment from the land<br \/>\n        owner for purchase\/lease or can arrange it are accordingly<br \/>\n        awarded marks. The details given in the application alone<br \/>\n        will be considered for this purpose and the applicant will<br \/>\n        not be given any opportunity to offer any other land<br \/>\n        subsequently (even at the time of interview). For this<br \/>\n        purpose, the land owned by the family members (as defined<br \/>\n        in multiple distributorship norm) would also be considered<br \/>\n        as belonging to the applicant subject to attaching the<br \/>\n        consent of the concerned family members.\n<\/p><\/blockquote>\n<blockquote><p>                After selection of the applicant, physical<br \/>\n        verification of the godown land\/godown as well as the<br \/>\n        showroom will be undertaken. In the event it is found that<br \/>\n        there is variance in the details given in the application<br \/>\n        form and or the plot is not found suitable for construction<br \/>\n        of godown or the godown is not approved by CCOE the<br \/>\n        allotment of the distributorship will stand automatically<br \/>\n        cancelled.\n<\/p><\/blockquote>\n<blockquote><p>                Or if an applicant, after selection on the above<br \/>\n        basis, is unable to make Godown duly approved by the<br \/>\n        Chief Controller of Explosives on the land\/godown<br \/>\n        indicated in the application and or Showroom as per the<br \/>\n        oil company&#8217;s standard layout on the land\/shop indicated<br \/>\n        in the application then the allotment of LPG<br \/>\n        distributorship made to the applicant will automatically<br \/>\n        stand cancelled.&#8221;<\/p><\/blockquote>\n<p>       Emphasis has been supplied by the learned counsel for the petitioner<br \/>\non the aforesaid clause, which prohibits any change in the location of the<br \/>\nland, as against the land shown in the application form, on the basis of<br \/>\nwhich marks have been awarded, while constructing the godown\/showroom<br \/>\non the site and requires the construction of the godown\/showroom strictly in<br \/>\naccordance with the norms prescribed, with no variance in the details given<br \/>\nin the application form, which also says that if the plot is not found suitable<br \/>\nfor construction of godown then the allotment shall stand automatically<br \/>\ncancelled.\n<\/p>\n<p>       The moot question, therefore, involved is, when, by means of his<br \/>\napplication, the applicant informs that he &#8216;can arrange&#8217; the land for the<br \/>\ngodown or for the showroom or for both of them, whether requires, the<br \/>\ndescription of the land with full details, which could be clearly identifiable<br \/>\n<span class=\"hidden_text\">                                        6<\/span><\/p>\n<p>on the site or it would be sufficient only to mention that he &#8216;can arrange&#8217;<br \/>\nwith no particulars of any land being given in the application form.\n<\/p>\n<p>        The petitioner&#8217;s counsel urged that in the absence of any such land<br \/>\nbeing shown in the application form, which could be arranged by the<br \/>\napplicant later on, such an applicant would be free to have any land and the<br \/>\nCorporation would not even know as to where the land for the purpose is to<br \/>\nbe allotted. This will also lead to open discrimination and may result in<br \/>\nfavouring the applicant, who otherwise does not have any land, where he<br \/>\ncan construct the godown or the showroom but even then he would be an<br \/>\napplicant for taking a chance so that if the letter of intent is issued, he may<br \/>\nbe able to arrange some land. The argument, therefore, is that if such fluid<br \/>\nand uncertain condition is allowed to stand, it would be prejudicial to the<br \/>\ninterest of such candidates, who otherwise have the specific land and who<br \/>\nhave offered the same for the purpose of construction of godown and<br \/>\nshowroom and that the requirement of &#8216;capability to provide infrastructure&#8217;<br \/>\nwould stand frustrated and defeated.\n<\/p>\n<p>        Sri Sunil Sharma appearing for the Corporation has drawn the<br \/>\nattention of the Court to the application form submitted by the private<br \/>\nrespondent and has clearly stated that despite the private respondent<br \/>\nfurnishing the notary affidavit with respect to plot nos. 577\/Ka and 580, and<br \/>\nthe affidavit of his father, the same has not been taken into account, as the<br \/>\nprivate respondent had not applied or had claimed that he was having any<br \/>\nland under the agreement to sell or lease but has applied under the caption<br \/>\n&#8216;can arrange&#8217;, namely, the land. Since the private respondent did not mention<br \/>\nin his application form that he was having any agreement to sell or lease of<br \/>\nland, therefore, the notary affidavit given by him was neither required nor<br \/>\nwas admissible nor was considered. In view of the specific case of the<br \/>\nprivate respondent and information given by him in the application form<br \/>\nthat he &#8216;can arrange&#8217; the land, he was given ten marks under the said caption.\n<\/p>\n<p>        Learned counsel further contended that the petitioner&#8217;s plea that the<br \/>\nprivate respondent was not having any land on the last date of submission of<br \/>\nforms, as the plots aforesaid were transferred, is of no relevance, as the<br \/>\nCorporation never awarded any marks to the private respondent on the basis<br \/>\nof the said notary affidavit.\n<\/p>\n<p>        It has also been urged by the learned counsel for the Corporation<br \/>\nthat under the caption &#8216;can arrange&#8217; there is no requirement that the applicant<br \/>\n<span class=\"hidden_text\">                                         7<\/span><\/p>\n<p>must possess some land on the date of submission of application form or<br \/>\nthat he\/she must indicate in the application form, a particular specified piece<br \/>\nof land, fully identifiable, which he\/she would necessarily arrange\/acquire<br \/>\nin case the distributorship is awarded to him\/her. The requirement of the<br \/>\naforesaid condition would be fulfilled if the applicant only mentions that he<br \/>\n&#8216;can arrange&#8217; the land.\n<\/p>\n<p>        In response to the argument that such an interpretation of the<br \/>\naforesaid clause would lead to favouritism and nepotism and also give a<br \/>\nchance to such persons, who do not have any land to make arrangement by<br \/>\ntaking a chance after the award of distributorship\/issuance of letter of intent,<br \/>\nit has been submitted that the Corporation specifies the location where the<br \/>\ngodown and the showroom are to be constructed on the award of<br \/>\ndistributorship, therefore, whatever land is shown to the Corporation by the<br \/>\napplicant, namely, whatever land he\/she arranges for the purpose, has<br \/>\nnecessarily to be within the locality advertised and must be suitable for the<br \/>\npurpose. In case the land so arranged, does not fulfil the criteria\/norms of<br \/>\nlocation or suitability or both or any of them, the distributorship shall not be<br \/>\ngiven to such an applicant and if given, would stand cancelled<br \/>\nautomatically.\n<\/p>\n<p>        On a close scrutiny of the criteria under the head &#8216;capability to<br \/>\nprovide infrastructure&#8217;, it is evident that there are three criterion for award of<br \/>\nmarks, namely, (i) where the applicant either owns or has a registered sale<br \/>\ndeed having clear title of the suitable land\/godown for construction of<br \/>\ngodown in his favour, in which case 25 marks are to be awarded for the<br \/>\nconstruction of godown; (ii) where there is firm offer for example, having<br \/>\nagreement to sell\/lease of suitable land\/godown, then he has to be awarded<br \/>\nlesser marks, namely, 18; and (iii) in case he can arrange the land for the<br \/>\npurpose, he is to be awarded only 10 marks. The first criteria does not have<br \/>\nany ambiguity as the suitable land\/godown is owned by the<br \/>\ncandidate\/applicant, who is either having a clear title or a registered sale<br \/>\ndeed in his favour. In such a case, the land belongs to the applicant and he is<br \/>\nthe owner thereof and, therefore, he would specify the land, namely,<br \/>\nparticular land, where the godown is to be constructed or where the<br \/>\nshowroom exists.\n<\/p>\n<p>        Likewise, if there is an agreement to purchase or lease of the<br \/>\nsuitable land for godown, then it would mean a &#8216;firm offer&#8217; with respect to a<br \/>\n<span class=\"hidden_text\">                                        8<\/span><\/p>\n<p>land detailed in such agreement or lease. This will also give the details of<br \/>\nthe particular specified land, where the godown would be constructed but<br \/>\nwhere the applicant does not own or does not have a clear title or registered<br \/>\nsale deed nor gives a &#8216;firm offer&#8217; like agreement to purchase or lease of the<br \/>\nsuitable land, then the third criteria can be availed of, namely, such an<br \/>\napplicant &#8216;can arrange&#8217; the land, as required. In case the requirement under<br \/>\nthe caption &#8216;can arrange&#8217; would have been, to specify and detail the<br \/>\nparticular land, which the applicant can arrange, there would have been<br \/>\nsome indication to that effect in the said column. It is only for such an<br \/>\napplicant who is readily not having any land, has only to mention that he<br \/>\n&#8216;can arrange&#8217; the land, for having an opportunity to participate in the<br \/>\nselection, subject to other conditions being fulfilled by him and, of course,<br \/>\nsuch a land has to be arranged by him as per the description and norms<br \/>\nprescribed by the Corporation and within the time, as may be provided after<br \/>\nthe issuance of the letter of intent or at the appropriate stage, as the<br \/>\nCorporation specifies but before the final award of distributorship.\n<\/p>\n<p>        If this clause is to be interpreted in any other manner, it would defeat<br \/>\nthe very object and purpose of providing an opportunity to such applicants,<br \/>\nwho are neither title holders of the land nor they are owners of the same nor<br \/>\nthey are lessees and nor have entered into any agreement to purchase of any<br \/>\nland.\n<\/p>\n<p>        Needless to mention that an applicant, who is having a clear title or<br \/>\nregistered sale deed of the land, is having a specific land, which cannot be<br \/>\nallowed to be changed after the award of distributorship as the marks are<br \/>\nawarded to him on being satisfied about the location in the area, in respect<br \/>\nof which advertisement has been issued, in terms of Clause 9 of the<br \/>\nbrochure.\n<\/p>\n<p>        Similarly, if there is a firm offer with respect to a particular land, as<br \/>\nshown in the agreement to purchase or in the lease of the land, such a land<br \/>\nalso cannot be changed after the award of distributorship, as the marks are<br \/>\nawarded under the said caption, keeping in mind the location of the land.<br \/>\nThe &#8216;Firm Offer, a term which has been used in a matter where agreement to<br \/>\npurchase\/lease of the land is produced, has been deliberately and<br \/>\nconsciously put, to indicate that in the absence of any firm offer in that<br \/>\ncategory, marks would not be allotted. In other words, if there is an<br \/>\nagreement to purchase or lease of suitable land, then it is undoubtedly a firm<br \/>\n<span class=\"hidden_text\">                                       9<\/span><\/p>\n<p>offer of having a land on the award of distributorship, where the godown<br \/>\nand showroom would be constructed, which again cannot be changed.\n<\/p>\n<p>       In regard to the third caption\/criteria &#8216;can arrange&#8217;, the advertisement<br \/>\nor the brochure does not say that there should be a &#8216;firm offer&#8217; of such a land<br \/>\nnor such a condition could have been placed for making the said option<br \/>\nworkable. If an applicant gives a firm offer then it means that he is<br \/>\npossessed of some agreement of purchase or lease of a particular land and,<br \/>\ntherefore, in such a situation, the applicant cannot or will not make claim<br \/>\nunder the caption &#8216;can arrange&#8217; and he is to be awarded marks under the<br \/>\ncaption &#8216;firm offer&#8217;. But in a case, where there is no land available with the<br \/>\napplicant, which he could specify at the time of filing the application, he is<br \/>\npermitted to claim or apply for distributorship under the caption &#8216;can<br \/>\narrange&#8217;, the land or godown or the showroom, as the case may be.\n<\/p>\n<p>       We also find force in the argument of the learned counsel for the<br \/>\nCorporation that this offer of land under the caption &#8216;can arrange&#8217; is in no<br \/>\nway detrimental to the interest of the applicants, who claim land either<br \/>\nunder their own title or under registered sale deed or under firm offer, as<br \/>\nsuch applicants would be awarded marks on the criteria aforesaid, which are<br \/>\nmuch higher than the marks, which are to be allotted to the applicants, who<br \/>\nclaim for distributorship or apply for the same under the caption &#8216;can<br \/>\narrange&#8217;.\n<\/p>\n<p>       Further the location of the land and its suitability still has to be<br \/>\nadjudged by the Corporation and only when the Corporation feels satisfied<br \/>\nthat the land so arranged within the given time\/prescribed time, meets the<br \/>\nrequirement and is situated within the locality advertised, only then<br \/>\ndistributorship can be awarded or continued, otherwise the same shall stand<br \/>\ncancelled automatically.\n<\/p>\n<p>       Interpretation of Clause 9, which says that location of a site, which<br \/>\nhas been given in the application form cannot allowed to be changed at the<br \/>\ntime of construction of godown or showroom and that if there is any<br \/>\nvariance, the distributorship shall stand cancelled automatically, would not<br \/>\nmean that in a case, where the applicant has stated that he can arrange the<br \/>\nland, he has necessarily to show such a land in the application form but, as a<br \/>\nmatter of fact, when he arranges the land, which is found appropriate and<br \/>\nsuitable and which conforms to the requirement of advertisement, the same<br \/>\ncannot be allowed to be changed later on and the condition of no change of<br \/>\n<span class=\"hidden_text\">                                        10<\/span><\/p>\n<p>such land, as has been made applicable in the case of land owned by the<br \/>\napplicant or where the applicant is having firm offer, would equally apply<br \/>\non such an &#8216;arranged land&#8217;.\n<\/p>\n<p>       Thus, the said clause does not in any way supports the plea of the<br \/>\npetitioner that the applicant who says that he can arrange the land, has to<br \/>\nspecify a particular piece of land in the application form itself.\n<\/p>\n<p>       The words &#8216;can arrange&#8217; themselves speak and mean in their ordinary<br \/>\ngrammatical meaning that the land is to be arranged later on or it can be<br \/>\narranged later on. What this later point of time would be, has to be<br \/>\nprescribed by the Corporation but it necessarily means that it cannot be at<br \/>\nthe time of filing of the application form. &#8216;Can arrange&#8217; means that the land<br \/>\ncan be arranged in future, at some point of time, which may be prescribed<br \/>\nby the Corporation.\n<\/p>\n<p>       If an applicant, who is already having a land and the requirement<br \/>\nalso being that only a person who has a specific land, though may not be<br \/>\npossessed of the title, would only be entitled to apply, the caption would<br \/>\nhave been &#8216;a person who has already arranged the land&#8217; or so to say &#8216;has an<br \/>\narranged land&#8217; not &#8216;can arrange&#8217; the land.\n<\/p>\n<p>       In case the Corporation ever intended that such an applicant should<br \/>\nalso mention or declare the land which he could arrange later on, it would<br \/>\nhave specified this requirement in the brochure itself, but having not done<br \/>\nso, the policy as framed by the Corporation in the matter of award of<br \/>\ndistributorship cannot be questioned nor can be declared as invalid.\n<\/p>\n<p>       We are also informed that all the oil companies have prescribed<br \/>\nsame terms and conditions and the same criteria of &#8216;can arrange&#8217;, is being<br \/>\nfollowed uniformly in the matters of award of distributorship and dealership<br \/>\nthroughout.\n<\/p>\n<p>       We are thus, of the considered opinion that the Corporation having<br \/>\nnot considered the notary affidavit or so called agreement with respect to<br \/>\nthe plots mentioned therein at any point of time, since the private<br \/>\nrespondent had applied only under the caption of &#8216;can arrange&#8217; the land and<br \/>\nthe minimum marks have been awarded to him under the caption &#8216;can<br \/>\narrange&#8217; the land, no illegality or irregularity can be said to have been<br \/>\ncommitted by the Corporation in awarding ten marms.\n<\/p>\n<p>       The argument that the applicant was neither having any land nor<br \/>\nindicated any land on the date of application, thus, is devoid of merit and<br \/>\n<span class=\"hidden_text\">                                       11<\/span><\/p>\n<p>does not affect the selection of the private respondent in any manner.\n<\/p>\n<p>       The petitioner&#8217;s marks, on representations being considered by the<br \/>\nCorporation, though have been increased but in view of the fact that still the<br \/>\nprivate respondent Manoj Kumar Singh has the highest marks, the selection<br \/>\nso made cannot be interfered with.\n<\/p>\n<p>       We thus, do not find any merit in the challenge to the selection of<br \/>\nprivate respondent by the petitioner, Ashok Kumar Singh, in Writ Petition<br \/>\nNo. 7839 (MB) of 2007.\n<\/p>\n<p>       Sri Manish Kumar learned counsel for the petitioner Ahsan<br \/>\nMohammad Ali, very fairly stated that the petitioner was aggrieved by the<br \/>\nreallocation of higher marks to Ashok Kumar Singh, because of which his<br \/>\nposition has gone down to number 3, as against the original positiion at<br \/>\nserial no. 2 and, therefore, his petition would survive if selection of the<br \/>\nprivate respondent is cancelled by the Court.\n<\/p>\n<p>       In so far Ahsan Mohammad Ali, namely, Writ Petition No. 8875<br \/>\n(MB) of 2008, is concerned, he already stands at serial no. 3 of the select<br \/>\nlist and the selection of respondent, Manoj Kumar Singh having been<br \/>\nupheld, he does not have any chance for being selected. Since no relief can<br \/>\nbe granted to him, the petition filed by him thus, is of no consequence,<br \/>\nwhich is hereby dismissed.\n<\/p>\n<p>       For the reasons stated above, both the writ petitions are dismissed.<br \/>\nInterim order, if any, stands discharged. Costs easy.\n<\/p>\n<p>Dated: January 25, 2010<br \/>\nMFA\n <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Allahabad High Court Ashok Kumar Singh vs Hindustan Petroleum Corporation &#8230; on 25 January, 2010 1 Reserved Writ Petition No. 7839 (MB) of 2007 Ashok Kumar Singh Vs. Hindustan Petroleum Corporation Limited and others; and Writ Petition No. 8875 (MB) of 2008 Ahsan Mohammad Ali Vs. Hindustan Petroleum Corporation Limited and others Hon&#8217;ble Pradeep Kant, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[9,8],"tags":[],"class_list":["post-213602","post","type-post","status-publish","format-standard","hentry","category-allahabad-high-court","category-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Ashok Kumar Singh vs Hindustan Petroleum Corporation ... on 25 January, 2010 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/ashok-kumar-singh-vs-hindustan-petroleum-corporation-on-25-january-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Ashok Kumar Singh vs Hindustan Petroleum Corporation ... on 25 January, 2010 - Free Judgements of Supreme Court &amp; 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