Hindustan Petroeum Coprporation Limited Through Senior Regional Manager v. Prakash Singa Gavit And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8645 OF 2019 IN WRIT PETITION NO.14405 OF 2017 Hindustan Petroleum Corporation Limited ..APPLICANT

VERSUS

Prakash Singa Gavit & Ors.

...RESPONDENTS Mrs Anjali Bajpai Dube, Advocate for applicant; Mr R. B. Bhosale, Standing Counsel for respondent No. 2; Ms Saakshi Joshi, Advocate holding for Mr S. S. Kulkarni, Advocate for respondent No.4;

CORAM : PRASANNA B. VARALE AND MANGESH S. PATIL, JJ.

DATE : 14th OCTOBER, 2019 ORAL ORDER:

Notice was issued to the respondents. Heard Mrs Anjali Bajpai Dube, the learned Counsel for applicant and Ms. Saakshi Joshi, the learned Counsel for respondent No.4. None present for the respondent Nos.1 and 3.

2.

Mrs Anjali Bajpai Dube, the learned Counsel for the applicant - Hindustan Petroleum Corporation Limited (herein after referred to as 'Corporation' for the sake of brevity), invited our attention to the order of this Court dated 4th December, 2018, passed in Writ Petition No. 14405 of 2017.

(2) 3.

It is submitted by the learned Counsel for the applicant that while permitting the applicant-Corporation to proceed further in the matter; wherein allotment of petroleum products was in favour of scheduled tribe category candidates, a reference is made to various locations and in paragraph - 8 of the order of this Court, location Astamba at serial No. 192 is referred to. The learned Counsel for the applicant then submitted that in the said location, selected candidate was Smt. Mamata Kiram Valvi, who belongs to scheduled tribe category.

4.

The learned Counsel then invited out attention to the subsequent events occurred in the process of final selection of the candidate and the same is referred to in paragraph - 2 and 3 of the application. It is further submitted that in the Field Verification Credential, the candidature of Smt Mamata Kiran Valvi came to be rejected and as per the procedure of the Corporation, redraw was conducted and another candidate namely; Geeta Chandya Padavi is selected from on-line draw conducted on 12th February, 2019, for the location - Astamba. 5.

The new selected candidate Geeta Chandya Padavi also belongs to schedule tribe category, as such, the learned Counsel for the applicant submits that the order of this Court dated 4th December, 2018 be modified and the applicant - Corporation be permitted to proceed with the selection process for the location Astamba at Serial No. 192, District Nandurbar, under the advertisement dated 30th August, 2017 for the

(3) allotment of LPG Distributorship in favour of newly selected candidate Geeta Chandya Padavi.

6.

This being the fact situation due to the subsequent events and result of the exercise of selection of candidate by the applicantCorporation, we see no impediment to allow the application. Accordingly, the application is allowed in terms of prayer Clause (B) and the order of this court dated 4th December, 2018 is modified to the extent of a reference in paragraph-8 to selected candidate as Geeta Chandya Padavi for the location Astamba at serial No. 192 as a selected candidate. ( MANGESH S. PATIL, J.) (PRASANNA B. VARALE, J.) kmk