Must Possess Requisite Qualification On Last Date Of Application For Consideration In Public Allotment Process: Gauhati High Court Reiterates
A single judge bench of Gauhati High Court recently dismissed a writ petition stating that the date for possessing the necessary qualification for consideration in a public allotment process is the last date of submission of the application and not thereafter. The court observed: “The Hon’ble Supreme Court in the case of Rekha Chaturvedi v. University of Rajasthan, 1993 Supp...
A single judge bench of Gauhati High Court recently dismissed a writ petition stating that the date for possessing the necessary qualification for consideration in a public allotment process is the last date of submission of the application and not thereafter.
The court observed:
“The Hon’ble Supreme Court in the case of Rekha Chaturvedi v. University of Rajasthan, 1993 Supp (3) SCC 168 has laid down that in so far as eligibility is concerned the same should be acquired / possessed as on the date of the advertisement and possessing the same on a later date will not make a candidate eligible. The said view has also been reiterated in the case of Ashok Kumar Sharma v. Chander Shekhar, reported in (1997) 4 SCC 18].”
Facts
BPCL (Respondent) published an advertisement dated 25.05.2018 for appointment of LPG dealership in the aforesaid locality. The petitioner claims to have submitted a plot of Miyadi Patta land which belongs to her father-in-law. However, a letter dated 07.10.2020 was issued by BPCL declaring the petitioner as an unsuccessful candidate. Hence, the writ petition was filed.
Mr. B.D. Das, counsel for petitioner, argued that though the impugned communication reflects that a further opportunity was given for production of proper documents on or before 25.06.2018 by issuing letter, the said letter was actually not delivered to the petitioner for which, grave prejudice was caused to the petitioner.
Mr. S. Borthakur, counsel for the respondent contended that the petitioner could not produce the Registered Sale Deed / Gift Deed / Lease Deed / Mutation Certificate which were of a date on or before the last date of the submission of application i.e. 25.06.2018. He also claimed that though an opportunity was given to the petitioner to provide suitable land documents, the same could not be given.
Court’s Observation
The court ruled that after draw of the lots, in the field verification, the ownership of the land offered in the prescribed manner could not be established by the petitioner as no Registered Deed prior to 25.06.2018 could be produced. Further, no other suitable land documents could be produced and the plot of land offered was agriculture land which was not to be used for commercial purpose.
The Court held:
“The impugned order dated 07.10.2020 is a reasoned one which are also substantiated from the materials on record. The allegation of violation of principles of natural justice is also not an admitted position inasmuch as, the Track Consignment Report of the postal department demonstrate the contrary. In any case, the principles of natural justice, though one of the most important aspects in the dispensation of justice cannot play the role of unruly horse and in specific cases it may also amount to useless formality.”
The court declared:
“In the instant case, there is no doubt that the registration of the lease deed was done much after the date of submission of the application i.e. 25.06.2018. It is the settled position that the crucial date for possessing the requisite qualification for consideration in a public allotment process is the last date of submission of the application and not thereafter.”
Hence, the court dismissed the writ petition.
Case Title: Diluwara Khatun v. BPCL & 3 Ors.
Citation: 2023 LiveLaw (Gau) 4
Coram: Justice Sanjay Kumar Medhi