Afsar Hossain Mallick v. Indian Oil Corporation Limited And ORS

21.12.2021.

d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 18944 of 2021 (Via Video Conference) Afsar Hossain Mallick -versus Indian Oil Corporation Limited & Ors.

Mr. Timir Baran Saha.

...For the Petitioners.

Mr. Puspendu Chakraborty.

...For IOCL.

Pursuant to an advertisement published by the Indian Oil Corporation Limited on 25th November, 2018 for awarding Retail Outlet Dealership under 'OBC' category from Moshat to Panchmatha More, DistrictHooghly, the petitioner applied for the same on 23rd December, 2018.

The petitioner was intimated that he was declared successful and accordingly, he submitted all documents in support of his candidature.

The candidature of the petitioner was however, rejected as the petitioner could not produce Caste Certificate which was valid on the date of filing the application. As per the Brochure published by the respondent Company, all certificates/documents required for meeting the eligibility/specific eligibility criteria is to be in possession of the applicant and valid on the date of the application.

In the instant case, though the petitioner made application on 23rd December, 2018 but the Caste

Certificate relied upon by him was issued on 8th February, 2019.

Admittedly, on the date of making the application, the petitioner did not possess the Caste Certificate with him.

As the advertisement was a public advertisement as such any candidate who applied in response to the same is required to possess all the documents which are required in terms of the said advertisement. The authority is not obliged to grant any extension of time for filing the relevant document which could not have been filed within the date as specified in the advertisement.

The petitioner being a reserved category candidate ought to have filed his caste certificate at the time of filing the application for getting the benefit of reservation. That having not being filed within the due date, there is no infirmity on the part of the respondent authority in rejecting the candidature of the petitioner. In view of the above, the Court does not find any valid reason to interfere with the action of the respondent authority in canceling the candidature of a candidate who did not possess valid document on the date of making the application.

The writ petition fails and is hereby dismissed. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)