Petitioner challenged rejection of LPG dealership application due to lack of minimum funds specified in eligibility criteria. Court held failure to meet mandatory conditions invalidated candidature and dismissed writ petition.
Petition dismissed; Writ Petition Mark No.47793 of 2012 dismissed in consequence.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE SIXTH DAY OF DECEMBER, TWO THOUSAND AND TWELVE
PRESENT:
THE HON’BLE MR. JUSTICE SANJAY KUMAR
WRIT PETITION No.37658 of 2012
Between:
S. Gopinath And
… Petitioner
The Senior Regional Manager, Hindustan Petroleum Corporation Limited, LPG Regional Office, II Floor, R.R. Mansion, HLC Colony, Anantapur.
… Respondent
This Court made the following:
THE HON'BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.37658 of 2012
ORDER:
The petitioner, an applicant for the dealership of the Rajiv Gandhi Grameena LPG Vitrak Distribution outlet of the Hindustan Petroleum Corporation Limited at Pitchatur, Chittoor District, is aggrieved by its proceedings dated 07.07.2012 informing him that his candidature was rejected as he did not have the required minimum funds of Rs.2,00,000/- as on the date of the application.
Perusal of the notification issued by the Hindustan Petroleum Corporation Limited for award of the subject outlet dealership reflects that the ‘common eligibility criteria for all categories’ stipulated under clause (3) made it explicitly clear that the minimum total amount of Rs.2,00,000/- should be available in the savings bank account of the applicant as on the date of the application or in the form of free and unencumbered fixed deposits in scheduled banks etc. Admittedly, the petitioner did not fulfill this eligibility condition. Even if the Hindustan Petroleum Corporation Limited entered into correspondence with the petitioner for the purpose of allowing him to make good this deficiency, the same does not vest him with any right to seek consideration of his candidature. It appears that wisdom dawned upon the Hindustan Petroleum Corporation at a late hour that it could not act in violation of its own notification conditions and accordingly rejected the petitioner’s candidature under the impugned proceedings dated 07.07.2012. This Court finds no illegality in the said proceedings.
The writ petition is bereft of merit and is accordingly dismissed. WPMP.No.47793 of 2012 shall stand dismissed in consequence. No
order as to costs.
____________________ SANJAY KUMAR, J Date: 06.12.2012 ES
2 issues framed by the court
Whether the petitioner satisfies the mandatory financial eligibility criteria for LPG dealership as per the notification.
Whether the rejection of candidature by the respondent due to lack of minimum funds constitutes an illegality or violation of the petitioners rights.
S. Gopinath
The Senior Regional Manager, Hindustan Petroleum Corporation Limited
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
