Vikas Aery v. Indian Oil Corporation Ltd. And ANR.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CWP-6909-2008 (O&M) Date of Decision: 02.08.2025 Vikas Aery ..... Petitioner

Versus

Indian Oil Corporation Limited and another ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. Gautam Pathania, Advocate and Mr. Himanshu Bindal, Advocate for the petitioner.

Mr. Ashish Kapoor, Advocate and Mr. Mohak Jain, Advocate for respondents No.1 and 2.

Mr. Rose Gupta, Advocate and Mr. Prateek Gang, Advocate for respondent No.3.

Mr. S.S. Mor, Advocate for the applicants/respondents No.4 and 5 (in CM-12834-CWP-2024 and CM-12835-CWP-2024). ***** HARSH BUNGER J. (ORAL) CM-1278-CWP-2025 This is an application filed under Section 151 of the Code of Civil Procedure for early hearing of the writ petition (CWP-6909-2008) which is otherwise on the Regular Board of this Court at Sr. No.659. For the reasons mentioned in the application, the same is allowed and main case (CWP-6909-2008), which is otherwise on the Regular Board of this Court at Sr. No.659, is taken up on Board today itself.

Application stands disposed of accordingly.

CM-12834-CWP-2024 CM-12835-CWP-2024 At the outset, learned counsel for the applicants prays that he may be permitted to withdraw the instant applications. In view of the above, the present applications are dismissed as withdrawn.

CWP-6909-2008 (O&M) The present petition has been filed under Articles 226/227 of the Constitution of India inter alia seeking issuance of a writ in the nature of Certiorari for setting aside order dated 26.03.2008 (Annexure P-5). 1.1 A further prayer has been made for directing the respondents to consider the petitioner's candidature for the award of Indane Distributor of Indian Oil Corporation Limited at Balsamand, District Hisar under the category of outstanding sportsperson as per advertisement dated 09.11.2007. 2.

Vide impugned order dated 26.03.2008 (Annexure P-5), the candidature of the petitioner was not found to be eligible for award of distributorship only on the ground that a defective instrument (DD/PO) towards application fee of Rs.1,000/- was submitted. 3.

It appears that vide order dated 02.05.2008, passed by this Court, the respondents were directed to provisionally interview the petitioner for allotment of distributorship by accepting his draft of Rs.1,000/- payable at Panipat. It was further directed that the result thereof be kept in a sealed cover. 4.

Today, learned counsel appearing for respondents No.1 and 2 has handed over the result of the interview in a sealed cover. Photocopy thereof is kept on record and the original has been returned to learned counsel appearing for respondents No.1 and 2. The relevant extract of the result reads as under:

"MERIT PANEL Ref. No.: DSO/LPG-S/DSC Date: 02/03/2009 Sub : Final Merit Panel for Indane Distributorship at Location Balsamand, District Hisar, State Haryana Category OSP, Marketing Plan 2004-07.

In line with the approval accorded by the Competent Authority vide Note ref. No. : DSO/LPG-S/DSC date : 02/03/2009, the final merit panel for location Balsamand is as under subject to the final decision in the matter of the CWP No. 6909 of 2008 pending in the Hon. High Court of Punjab & Haryana :

S.No. Name of Candidates Position i) Sh. Vikas Aery s/o Sh. Bal Ram Sharma Ist ii) Smt. Harpreet Kaur Sidhu w/o 2nd Sh. Ravinder Singh iii) Sh. Sukhbir Singh s/o Sh. Anoop Singh 3rd (ASEEM KASHYAP) for DGM (LPG) DSO"

5.

A perusal of the above extracted result of the interview shows that the petitioner has been placed at number one position. 6.

In view of the above, the present petition is disposed of by directing the respondents to proceed in the matter on the basis of the above extracted result of the interview. Let the aforesaid exercise be carried out within a period of three months from today.

7.

All the pending application(s), if any, shall also stand closed. 02.08.2025 (HARSH BUNGER) Himani JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No