Ms. Lakshmi Thakur vs Indian Oil Corporation Ltd.
2022 Latest Caselaw 9665 MP

                                                                        1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                      BEFORE
                                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                                ON THE 14th OF JULY, 2022

                                                            WRIT PETITION No. 8003 of 2021

                                                Between:-
                                                MS. LAKSHMI THAKUR D/O SHRI KOMAL
                                                SINGH, AGED ABOUT 36 YEARS, OCCUPATION:
                                                HOUSEWIFE, R/O 141 ANDHUA VILL. KUGWAN
                                                DHANVANTARI NAGAR JABALPUR DIST.
                                                JABALPUR (MADHYA PRADESH)

                                                                                                  .....PETITIONER
                                                (BY SHRI SANJIV KUMAR CHATURVEDI, ADVOCATE)

                                                AND

                                        1.      INDIAN OIL CORPORATION LTD. THR. ITS
                                                CHAIRMAN INSTITUTIONAL AREA LODHI
                                                ROAD NEW DELHI (DELHI)

                                        2.      THE MANAGING DIRECTOR (MARKETING
                                                DIVISION)   INDIAN    OIL   CORPORATION
                                                LIMITED BHAVAN NO. 1 SHRI ARBINDO MARG
                                                YUSUF SARAI (DELHI)

                                        3.      MANAGING            DIRECTOR   INDIAN    OIL
                                                CORPORATION            LIMITED   (MARKETING
                                                D I V I S I O N ) INDIAN   OIL BHAWAN   G-9
                                                ALLYAVARJUNG MARG BANDRA (EAST)
                                                MUMBAI (MAHARASHTRA)

                                        4.      THE CHIEF DIVISIONAL RETAIL SALES
                                                M A N A G E R INDIAN    OIL   CORPORATION
                                                L I M I T E D DIVISIONAL OFFICE JABALPUR
                                                SCHEME NO. 2 BLOCK NO. 9 2ND FLOOR CIVIC
                                                CENTRE MARHATAL (MADHYA PRADESH)

                                                                                               .....RESPONDENTS
                                                (BY SHRI ADITYA ADHIKARI, SENIOR COUNSEL ASSISTED BY
                                                SHRI EIJAZ SIDDIQUI, ADVOCATE)
Signature Not Verified

                                              Th is petition coming on for hearing this day, th e court passed the
  SAN




Digitally signed by ASHWANI PRAJAPATI
Date: 2022.07.21 10:03:03 IST
                                        following:
                                                                             2
                                                                             ORDER

The petitioner's grievance is that she was a candidate for allotment of Retail Outlet (Petrol Pump) at Village Magarmuha, Tahsil Shahpura, District Jabalpur under Scheduled Tribe Category for which an advertisement was published on 14.12.2018. She had filed her application on 9.1.2019. She was declared to be an eligible & selected candidate but could not produce Caste Certificate of date prior to the date of filing of the application and had infact submitted the Caste Certificate Dated 9.7.2019, which was refused by the authorities and, therefore, the allotment of Dealership is cancelled. 2 Shri Aditya Adhikari, learned Senior Counsel for the respondents, in his turn,

submits that on selection of Dealer for regular and rural retail outlet, the common eligibility criteria for all candidates applying as individuals (as on date of application unless mentioned otherwise) is to be determined as per Clause-4 of the guidelines. Thus, the petitioner was required to submit a Caste Certificate showing that she belongs to the Scheduled Tribe Community issued on or before 9.01.2019.

3. Since the petitioner has failed to produce the relevant Caste Certificate, she earned disqualification and, therefore, there is no error in rejection of the petitioner's candidature.

4. Reliance is placed on the judgment of Supreme Court in case of Ashok Kumar Vs. Union of India and others [2004 (4) SCC 54], wherein it is held that in case where cut off date is fixed to avoid any uncertainty, then the last date for determination of eligibility will be the said cut of date and in absence of any cut off date specified in the advertisement or in the Rules, the last date for Signature Not Verified

filing the application must be considered as a cut off date. SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2022.07.21 10:03:03 IST

5. In the instant case, petitioner did not hold the requisite qualification as on the

said cut of date. Hence, she was not eligible for the post in question.

6. Taking into consideration these facts and the fact that in the present case, petitioner had not filed her caste certificate as per the requirement of the advertisement issued on or before the date of submission of the application i.e. 09.01.2019, petitioner is not entitled to seek any indulgence in this regard.

7. Accordingly, the writ petition fails and is, hereby, dismissed.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2022.07.21 10:03:03 IST