Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4160 of 2013 ====================================================== Md. Firoz Alam Son Of Ali Hasan Resident Of Village- Adampur P.S. Majhagarh, District- Gopalganj Versus .... .... Petitioner/s 1. The Union Of India 2. The Secretary, Ministry Of Petroleum and Natural Gas, Govt. Of India 3. The Addl. Secretary, Ministry Of Petroleum and Natural Gas, New Delhi 4. The Indian Oil Corporation Limited, Bihar State Office, Lok Nayak Jai Prakash Bhawan, Vth Floor, Dak Bunglaw Chauk, Patna Through It’s General Manager 5. The General Manager Of Indian Oil Corporation Limited, Bihar State Office Lok Nayak Jai Prakash Bhawan Vth Floor, Dak Bunglaw Chauk, Patna 6. Tribhuwan Prasad Son of Not Known Resident Of Gopalmath, P.S. Gopalganj District- Gopalganj. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 6 20-08-2013 Petitioner is aggrieved by the order dated 28.1.2013 (Annexure-2) passed by the respondent- Deputy General Manager of the Indian Oil Corporation Limited ( for short ‘IOCL’) whereby his candidature has been cancelled. He has also prayed for a direction commanding the respondents to allot the petrol pump under Kishan Seva Kendra at the location Gopalmath in the District of Gopalganj. The respondent- IOCL published an advertisement on 19.8.11 inviting application for selection of retailers under the Kisan Seva Kendra ( for short ‘KSK’) at the said location. The
Legal Reasoning
Patna High Court CWJC No.4160 of 2013 (6) dt.20-08-2013 Page 2 /7 petitioner finding himself eligible for the said KSK at the said location filed his application enclosing therewith all relevant papers including documents pertaining to his educational qualification. It is the case of the petitioner that he submitted his matriculation certificate and intermediate certificate only. The certificate(s) of Bachelor of Arts (BA) was not submitted by him along with the said application. The respondents, by a communication dated 3.4.12, invited the petitioner for interview to be held on 27.4.12. He was directed to present himself along with all documents in original. The petitioner responded and appeared. Documents produced by him were verified whereafter he was interviewed. After scrutiny/verification and interview the petitioner was found the most suitable and was placed at Sl. No. 1 in the merit panel prepared by the respondents. Aggrieved by the first empanelment of the petitioner the respondent no.6 who was 2nd empanelled candidate lodged a complaint alleging therein that the Bachelor of Arts certificate/ mark sheet submitted by the petitioner along with application was fake. It was further alleged that the plot offered by the petitioner was smaller than the minimum required dimension inasmuch as portion thereof had already been acquired under the Gandak project Scheme. The respondents on verification found that the mark sheet of Bachelor Patna High Court CWJC No.4160 of 2013 (6) dt.20-08-2013 Page 3 /7 of Arts issued by the J.P. University, Chapra and furnished by the petitioner was forged. Resultantly by the impugned communication dated 28.1.2013 (Annexure-2) his candidature was cancelled. Aggrieved thereby the present writ petition has been filed.
Legal Reasoning
Heard Mr. Siya Ram Shahi for the petitioner. Mr. Anil Kumar Sinha for the respondent -IOCL and Mr. Rajendra Narain for the respondent no.6. Parties have exchanged pleadings. Learned counsel for the petitioner submitted that the minimum educational eligibility as per the brochure and the notice inviting application was only matriculation. The petitioner had enclosed the matriculation certificate. The Bachelor of Arts certificate and/or mark sheet was not enclosed with the application filed by the petitioner. Someone hostile to the petitioner later interluded in his application the mark sheet of Bachelor of Arts said to have been issued in his favour by the J.P. University in order to unseat him. It has next been contended that there was no necessity for the petitioner to enclose the mark sheet of Bachelor of Arts as the matriculation certificate was sufficient to make him eligible as per the eligibility condition, spelt out in the notice inviting application. Learned counsels for the respondent –IOCL as well Patna High Court CWJC No.4160 of 2013 (6) dt.20-08-2013 Page 4 /7 as the respondent no.6 supported the impugned order. It has been submitted that the petitioner had enclosed the mark sheet of Bachelor of Arts issued by the J.P. university bearing Roll No. 253772 and Registration No. 045301068/2006. On a complaint lodged by respondent no.6, the respondent communicated with the JP University in order to verify the genuineness of the mark sheet. The Controller of the Examination of J.P. University by a communication dated 22.12.12 informed that on verification it was found that the said mark sheet bearing the said Roll Number and Registration Number said to have been issued in favour of the writ petitioner was false/fake. The petitioner had signed a declaration in clause 17 of the application that if any information submitted by him was found false and/or he was found guilty of suppression of fact and furnishing false information then his candidature was liable to be cancelled. The respondents, have, accordingly, issued the impugned communication. I have heard the parties and perused the materials on record. A detailed counter affidavit has been field on behalf of the officials respondents. Along with the counter affidavit the respondents have enclosed the photo copy of the application filed by the petitioner ( Annexure R/1 series). In column 1 (Cha) thereof the petitioner had initially written Intermediate. It was Patna High Court CWJC No.4160 of 2013 (6) dt.20-08-2013 Page 5 /7 later penned through and B.A. was written. Correction so made was authenticated by the petitioner by affixing his signature. Every document furnished by the applicant at the time of interview was got attested and signed by the applicant. The Officer of the respondent- IOCL verifying the documents also signed on each paper/document furnished by the applicant. The respondents have brought on record the mark sheet of Bachelor of Arts issued by the Examination Department of the J.P. University, Chapra. The said document has been attested and signed by the applicant/writ petitioner as well as the Officer of the respondent- IOCL. Every page of the application and the documents annexed therewith is paginated. The entire bunch of paper submitted by the petitioner have been brought on record by the respondents (Annexure R/1 series) . This Court, on perusal of the aforesaid documents, has no manner of doubt that the mark sheet of Bachelor of Arts said to have been issued by the J.P. University, Chapra was furnished by the petitioner along with the application. It appears from the communication dated 12.12.12 issued by the Controller of the Examination of the J.P. University that on verification from the confidential records of the University the said mark sheet bearing Roll No. 253772 and Registration No. 045301068/2006 said to have been issued in favour of the writ Patna High Court CWJC No.4160 of 2013 (6) dt.20-08-2013 Page 6 /7 petitioner was found fake/false documents. This Courts finds no reason to disbelieve the same. If that be so, then the respondents were wholly justified in cancelling the candidature of the petitioner in the light of the undertaking/declaration given /made by the petitioner in clause- 17 of the application form. Learned counsel for the petitioner has also argued that there was absolutely no need for the petitioner to file the mark sheet of Bachelor of Arts issued by the J.P. University as the same was not going to benefit him in any manner. The respondents have produced the brochure of selection of Petrol/Diesel Rural Retail Outlet (Kisan Seva Kendra) Dealers issued by the respondent IOCL. Referring to Clause- 13.1.1 it has been contended that the candidates are evaluated on a specified norms. Marks are allocated to the candidates on various parameters. A matriculate candidate is awarded 10 marks whereas candidates possessing Post Graduate decree or Graduate decree is allotted 12 marks. Similarly a candidate holding Post Graduate in Management or equivalent decree is awarded 15 marks. All these marks are awarded relying on the documentary evidence/certificate/mark sheet furnished in support thereof by the applicant. The said contention of the petitioner, therefore, does not hold water. The petitioner was liable to gain advantage by Patna High Court CWJC No.4160 of 2013 (6) dt.20-08-2013 Page 7 /7 furnishing mark sheet of Bachelor of Arts which was later found to be a fake/false. Regard being had to the above, this Court is not persuaded to invoke its extraordinary and discretionary writ jurisdiction to grant the relief(s) prayed for in this application. Resultantly, the application is dismissed. No order as to cost(s). (Kishore Kumar Mandal, J) Shyam/-