Waseem Ahmad Sheer Gojree vs Union Territory Of J&K And Others

Vinod Chatterji Koul, J

Petitioner prays for grant of writ of certiorari to quash order/ communication dated 17th January 2020, issued by respondent no.2, with a direction, by way of writ of mandamus, to respondents to consider Other Backward Class (OBC) Certificate of petitioner dated 4th January 2019 for ward of R.O. Dealership at Bandipora-Sopore Road OML of Bandipora District Bandipora under OBC Category to petitioner. He also seeks grant of writ of prohibition, prohibiting respondents from issuing award of R.O. Dealership at Bandipora-Sopore Road OML of Bandipora District Bandipora under OBC Category in favour of any other person.

The case set up by petitioner is that he belongs to Sheer Gojree Community and the said Caste comes under Other Backward Class (OBC). Hindustan Petroleum Corporation Limited (HPCL) - respondent no.2 herein, issued a notice for appointment of regular Retail Outlet Dealership for various locations in Union Territory of J&K on 25th November 2018. Petitioner, it is next averred, being eligible for such award, had applied online for award of R.O. Dealership at Bandipora-Sopore Road OML of Bandipora District Bandipora under OBC Category on 20th December 2018. It is maintained by petitioner in writ petition that he applied for OBC Certificate on 24th December 2018, which was granted on 4th January 2019. On 26th March 2019, respondent no.2 is stated to have advised petitioner to remit initial security deposit and submit specified documents within 10 days and then petitioner submitted initial security deposit amount of Rs.30,000/- and other specified documents, i.e. OBC Certificate. Petitioner avers that he made a representation before respondents along with new OBC certificate seeking R.O. Dealership at Bandipora-Sopore Road OML of Bandipora District Bandipora under OBC Category, but his representation has not been considered, forcing him to move instant writ petition.

Heard and considered.

Perusal of file reveals that HPCL issued a Notice for appointment of Regular / Rural Retail Outlet Dealership (Annexure III to writ petition), inviting applications online. As would be evident from Application Format for Individual Applicants (Annexure IV to writ petition), filed by petitioner online, petitioner has undertaken that he is aware that eligibility for R.O. Dealership will be decided on the basis of information in the application filed by him online and if on verification it is found that information given by him is incorrect/ false / misrepresented, then his candidature will stand cancelled and he will be declared ineligible for R.O. Dealership. Petitioner also undertook that he was "in possession of supporting documents in original in respect of the information given" by him in the application and if selected, failure to present those documents in original will result in cancellation of selection due to submission of false/ unsupported information in the application.

In above backdrop, petitioner, by his own showing, was not in possession of supporting document in original, viz. OBC Category Certificate, when he filed his application for R.O. Dealership. Petitioner has miserably failed to demonstrate or show a ground, muchless a case, to entertain instant writ petition.

For foregoing reasons, writ petition sans any merit and is, accordingly, dismissed in limine with connected CM(s).