P.Soundarya v. The General Manager Business
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.13355 of 2021 And W.M.P.Nos.14191 and 28965 of 2021 P.Soundarya ... Petitioner Vs.
1. The General Manager Business Network Planning (Retail) Bharat Petroleum Corporation Ltd., Regional Office Ranganathan Garden, 11th Main Road, Post Box No.121251213, Anna Nagar, Chennai - 600 040.
2. The Territory Manager (Retail) Bharat Petroleum Corporation Ltd., Irungur Top Installation, Irugur Post, Coimbatore - 641 103.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order in CBE.To.NRO.Uthiyur dated 05.04.2021 passed by the second respondent quash the same and further direct the respondent to consider the case of the petitioner as Group I candidate thereby considering the case for allotment.
For Petitioner :
Mr.P.Saravana Sowmiyan For Respondents :
Mr.Vijayan for M/s.King and Partridge
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records of the impugned order in CBE.To.NRO.Uthiyur dated 05.04.2021 passed by the second respondent, to quash the same
and to further direct the respondents to consider the case of the petitioner as Group I candidate thereby considering the case for allotment.
2.The case of the petitioner is that the respondents called for selection of retail outlet by an advertisement during November, 2018. The allotment was reserved for Schedule Caste candidates and the respondents have classified the proposed candidates as Group I, Group II and Group III. The petitioner applied for the same, however, inadvertently mentioned as Group II. Hence, the petitioner sent a clarificatory letter/ representation dated 12.02.2019 to the respondents stating that she is eligible for consideration under Group I and since there was no action on the part of the respondents, the petitioner filed W.P.No.2965 of 2021 before this Court seeking direction to the respondents to consider her representation dated 12.02.2019. This Court vide order dated 18.03.
2021 made in the said writ petition issued direction to the respondents to consider the petitioner's representation and pursuant to the said order, the impugned order came to be passed. Hence, this writ petition. 3.The learned counsel appearing for the respondents submitted that two applicants were grouped in Group I, six applicants were grouped in Group II and two applicants were grouped in Group III and the petitioner was grouped in Group II on the basis of her declaration made in the application. He further submitted that one R.Nandhakumar and one S.Rasan were grouped in Group I and draw of lots was conducted on 06.02.2019 and Nandhakumar was selected and he was directed to produce the documents and to comply with the other requirements for field verification. On verification of his documents, it was found that he was ineligible.
4.The learned counsel appearing for the respondents further submitted that thereafter S.Rasan was selected and he was directed to submit his documents on 10.01.2020 and land verification and field verification of credentials are also completed and letter of intent will be issued. 5.The learned counsel appearing for the petitioner submitted that the said S.Rasan is also ineligible and further submitted that till date, letter of intent was not issued in favour of S.Rasan. Hence, this Court may issue direction to the respondents to consider the petitioner's application in Group I. 6.In response, the learned counsel appearing for the respondents submitted that if the said S.Rasan is found to be ineligible, all applications under Group II will be considered and if no other eligible person is available in Group II, the petitioner's application will be considered in the manner known
to law.
7.If the said S.Rasan is found to be ineligible, the respondents are directed to consider the applications under Group II (eligible candidate under Group I) and pass appropriate orders.
8.The writ petition is accordingly closed. No costs. Consequently, the connected miscellaneous petitions are also closed.
Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar pri To
1. The General Manager Business Network Planning (Retail) Bharat Petroleum Corporation Ltd., Regional Office Ranganathan Garden, 11th Main Road, Post Box No.121251213, Anna Nagar, Chennai - 600 040.
2. The Territory Manager (Retail) Bharat Petroleum Corporation Ltd., Irungur Top Installation, Irugur Post, Coimbatore - 641 103.
+1cc to Mr.P.Saravana Sowmiyan, Advocate, S.R.No.2093 +1cc to M/s.King and Partridge, Advocate, S.R.No.2111 W.P.No.13355 of 2021 And W.M.P.Nos.14191 and 28965 of 2021 GPL(CO) SU(16/02/2022)