Case Law Details
Chitranshi Goyal Vs Indian Oil Corporation Ltd. (Rajasthan High Court)
The facts of the case are that on 14/12/2018, an advertisement was issued by the respondent-IOCL in daily newspaper “Rajasthan Patrika’ for selection of dealers qua IOCL retail outlet at various locations. The respondent-IOCL also issued a brochure dated 24/11/2018 for selection of dealers for regular and rural retail outlets wherein the terms, conditions and guidelines were also incorporated. As per the advertisement, the last date for submitting application form was 12/01/2019 and the same could have been submitted through on-line mode which was to be withdrawn immediately after lapse of last date i.e. 12/01/2019
On 11/01/2019, sale deed of the land qua the allotment was presented in the office of Sub-Registrar, Dug, District Jhalawar for registration and after receiving the same, necessary e-challan and appropriate stamps duty was deposited, affidavits, prescribed forms were also deposited and the consideration was paid and possession was given by the seller to the petitioner on 11/01/2019 but the sale deed could not be registered on 11/01/2019 due to the server being down and due to there being public holidays on 12th, 13th and 14th January, 2019 ultimately, the sale deed could be registered on 15th January, 2019. As regards the application form, the petitioner had submitted the same on 12/01/2019 within time.
It is relevant to note that it has come on record that a certificate was also issued by the office of the Sub-Registrar, Dug certifying that the sale deed was presented for registration on 11/01/2019 but as the server was down on that day and thereafter 12th, 13th and 14th January, 2019 were public holidays, the matter could not be processed and the sale deed could be registered on 15/01/2019
Vide communication dated 13/03/2019 (Annexure-5), the respondent-IOCL declared application form of the petitioner as not proper under Group-1 and found candidature of the petitioner under the said category as ineligible but directed for consideration of the application of the petitioner under Group-3 as per guidelines.
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