Abdul Malek Sk vs Indian Oil Corporation Ltd. & Ors
2022 Latest Caselaw 260 Cal

                                       1


                   IN THE HIGH COURT AT CALCUTTA

                    (Constitutional Writ Jurisdiction)

                            APPELLATE SIDE

Present:

The Hon'ble Justice Krishna Rao

                          WPA 34304 of 2014

                            Abdul Malek Sk.

                                   Versus

                   Indian Oil Corporation Ltd. & Ors.



           Mr. Goutam Dey
           Mr. Rajesh Naskar
           Md. Jannat UL Frious
           Mr. Dipendu Sarkar
           Mr. Kaushal Kumar
                                               .....For the Petitioner
           Mr. Biswaroop Bhattacharya
           Mr. Victor Chatterjee
           Mr. Barnamoy Basak
           Ms. Sharmishtha Ghosh
           Mr. Sharbham Bhattacharya


                                               .....For the Respondents

Heard on               : 28.01.2022

Judgment on             : 02.02.2022

Krishna Rao, J.:    The petitioner has challenged the order passed by the

Indian Oil Corporation Ltd. dated 20.11.2014 wherein the Indian Oil

Corporation Ltd. rejected the candidature of the petitioner for awarding Rajiv

Gandhi Gramin Liquid Petroleum Gas Vitrak (herein referred as

"RGGLPGV") at Noyapara, Nakpur, Kumarsunda, Kahlipur, Ujirpur, District-

Birbhum under open category on the ground that the petitioner failed to

maintain the minimum amount of Rs. 4,00,000/- as on the last date of the

application i.e. dt. 24.03.2014.

Mr. Goutam Dey, Ld. Advocate representing the petitioner submitted

that the Indian Oil Corporation Ltd. had published a notice for allotment of

RGGLPGV on 21.01.2014. The petitioner had applied for awarding of

RGGLPGV at Noyapara, Nakpur, Kumarsunda, Kalhipur, Ujirpur, District-

Birbhum under open category. The Counsel for the petitioner contended

that as per the advertisement dated 21.01.2014, the last date for

submission of the application was 24.02.2014 and on the day, the petitioner

had to maintain minimum amount of Rs. 4,00,000/- in his account. In the

mean-time on 23.02.2014 the respondent, Indian Oil Corporation Ltd. has

published a corrigendum/correction in Ananda Bazar Patrika by extending

the time for submitting of application till 24.03.2014 with the further

condition that other terms and conditions will remain same.

The Counsel for the petitioner had referred the letter dated

28.07.2014 issued by the Chief Area Manager, Indian Oil Corporation Ltd.

wherein it was informed to the petitioner that the petitioner has qualified for

draw for selection of RGGLPGV and requested the petitioner to be personally

present along with photo Identity Card issued by any government

department for draw at 11. A.M. on 20.08.2014 in the office of the Indian Oil

Corporation at Durgapur. It was further submitted that the petitioner had

appeared before the respondent authorities in terms of the letter dt.

28.07.2014.

The petitioner has further relied upon the letter dt. 29.08.2014 issued

by the Chief Area Manager, Indian Oil Corporation wherein it was informed

to the petitioner that he has been declared as selected candidate during the

draw held on 20.08.2014 and advised to the petitioner to deposit an amount

of Rs. 20,000/- through D.D in favour of Indian Oil Corporation Ltd. and

accordingly, the petitioner had deposited the said amount.

The petitioner has further relied upon the statement of account

maintained by the petitioner at Allahabad Bank, Noyapara Branch and

submitted that on 24.02.2014, the petitioner was having an amount of Rs.

4,03,135/- in his account.

The petitioner further submitted that all of a sudden on 20.11.2014

the Chief Area Manager, Durgapur, Indian Oil Corporation had issued a

letter rejecting the claim of the petitioner on the ground that as on the last

date of the application i.e. on 24.03.2014, the petitioner failed to maintain

the minimum amount of Rs. 4,00,000/-.

The petitioner further submitted that as per the advertisement dt.

21.01.2014, the last date of the application was 24.02.2014 and on that day

the petitioner was having Rs. 4,00,000/- in his account but the respondent

authorities without considering the said fact have rejected the candidature

of the petitioner for awarding RGGLPGV at Noyapara.

Mr. Biswaroop Bhattacharya representing the Indian Oil Corporation

has submitted that this is the matter relating to Article 14 of the

Constitution of India which touches the 'Right of Equality'. Mr.

Bhattacharya has submitted that initially the Indian Oil Corporation vide

advertisement dt. 21.01.2014 had fixed the last date of receipt of the

application as 24.02.2014 but subsequently by way of corrigendum dt.

23.02.2014, the respondent, the Indian Oil Corporation has extended the

last date of submission of the application till 24.03.2014 so as to give

further opportunity to the General Public to participate in the process of

allotment of RGGLPGV and as such the last date of application is to be

treated as 24.03.2014.

Mr. Bhattacharya further submitted that though the petitioner had

submitted application prior to 24.02.2014 and on that date the petitioner

was maintaining an amount of Rs. 4,00,000/- in his account but when the

respondents have extended the date for submission of the application till

24.03.2014 at the relevant point of time, the petitioner failed to maintain the

said amount and the petitioner was having only an amount of Rs. 3,78,135

in his account and thus when the respondents have considered the

documents submitted by the petitioner it was found that the petitioner failed

to maintain the minimum amount of Rs. 4,00,000/- as on the last date of

application i.e. dt. 24.03.2014. Mr. Bhattacharya relied upon the judgment

reported in (2021) 6 SCC 163 (Suman Devi & Ors. -Versus- State of

Uttarakhand) and submitted that the eligibility of a candidature or applicant

for public post or service, is to be adjudged as on the last date of receipt of

the applications for such post or services, in terms of the relevant

advertisement, and the prevailing service rules.

The Counsel for the respondent further submitted that on the last

date of application, i.e. on 24.03.2021 the petitioner has not maintained the

minimum amount of Rs. 4,00,000/- in his account and as such the

respondents have rightly rejected the candidature of the petitioner.

This Court considered the rival submissions of the parties, documents

available on record and the judgment relied by the respondent. Admittedly,

the Indian Oil Corporation had published an advertisement for allotment of

RGGLPGV at various places including Noyapara and as per the

advertisement the last date of submission of the application was fixed on

24.02.2014. As per the advertisement dt. 21.01.2014, the applicant has to

maintain minimum amount of Rs. 4,00,000/- in his account as on

24.2.2014 i.e. the last date of the application. In terms of the advertisement

dt. 21.01.2014 the petitioner had submitted an application on or before

24.02.2014 and on that date the petitioner had maintained the minimum of

Rs. 4,00,000/- in his account.

Subsequently, on 23.02.2014 by way of corrigendum,the Indian Oil

Corporation have extended the last date of submission of application till

24.03.2014.

As per the statement of the bank passbook of Allahabad Bank of the

petitioner it is found that on 24.02.2014 the petitioner was having an

amount of Rs. 4,03,135/- in his account but on 21.03.2014 the petitioner

has withdrawn an amount of Rs. 25,000/- from the said account and there

was remaining only an amount of Rs. 3,78,135/-. The respondents have

extended the last date of application till 24.03.2014 and as on 24.03.2014

the petitioner was having only the amount of Rs. 3,78,135.

The petitioner had the knowledge that the respondents have extended

the date for submission of application from 24.02.2014 to 24.03.2014 but

inspite of the same in the mean-time i.e. on 21.03.2014 the petitioner has

withdrawn an amount of Rs. 25,000/- from the said account and as on

24.03.2014 the petitioner had maintained only Rs. 3,78,135/-.

The judgment passed by the Hon'ble Supreme Court in the case of

Suman Devi -Versus- State of Uttarakhand (supra) in which the Hon'ble

Supreme Court had relied upon the judgment passed in the case of Ashok

Kumar Sharma -Versus- Chandra Sekhar reported in (1997) 4 SCC 18

wherein the Hon'ble Court Supreme Court has categorically held that the

proposition that where the applications are called for prescribing a

particular date as the last date for filing the application, the eligibility of the

candidates shall have to be judged with reference to that date and that date

alone, is well established one.

In the instant case, though the Indian Oil Corporation in their intial

advertisement have fixed the last date for submission of the application on

24.02.2014 but subsequently, by way of corrigendum dt. 23.02.2014 the

submission of application was extended till 24.03.2014 and as such the last

date of the application is to be taken into consideration as 24.03.2014.

As per the record, the petitioner has not maintained the minimum

amount of Rs. 4,00,000/- as on the last date of application i.e. 24.03.2014

and thus the impugned letter dt. 20.11.2014 does not required any

interference.

WPA No. 34304 of 2014 is thus dismissed. There will be no order as

to costs.

Parties shall be entitled to act on the basis of a server copy of the

Judgment and Order placed on the official website of the Court.

Urgent Xerox certified photocopies of this judgment, if applied for, be

given to the parties upon compliance of the requisite formalities.

(Krishna Rao, J.)