Supreme Court Orders Fresh Selection for Petrol Pump Allotment in Age Proof Dispute
The Supreme Court of India, in the case of Hina vs. Union of India & Others, addressed an important dispute regarding the rejection of a petroleum dealership application based on an alleged technicality in age proof submission. The ruling emphasized that procedural technicalities should not override common sense, particularly when fundamental rights and livelihood opportunities are at stake.
The Court ruled in favor of the appellant, setting aside the rejection order and directing the corporation to conduct a fresh selection process, ensuring fair participation of all eligible candidates.
Background of the Case
The case originated when Hina applied for the allotment of a petrol/diesel dealership at Kalamnuri, District Hingoli, Maharashtra. The second respondent, a petroleum corporation, rejected her application on the grounds that the age proof she submitted was from a Higher Secondary School rather than a Secondary School, as required under the eligibility criteria.
The High Court upheld the corporation’s decision, stating that while the approach seemed “technical,” the applicant was expected to adhere strictly to the conditions set out in the advertisement.
Petitioner’s (Hina’s) Arguments
- The rejection of her application was arbitrary and based on an illogical technicality.
- She submitted an attested copy of her School Leaving Certificate issued by Shri Shanti Vidya Mandir Higher Secondary School, Shiradshahpur, Hingoli.
- The requirement in Clause 2(c) of the eligibility criteria was simply to provide proof of age, which her School Leaving Certificate fulfilled.
- The rejection violated the principles of fairness and equal opportunity.
Respondent’s (Union of India & Petroleum Corporation) Arguments
- The eligibility criteria required an attested copy of a Matriculation or Secondary School Leaving Certificate as proof of age.
- Since the appellant submitted a Higher Secondary School Leaving Certificate instead, the rejection was justified.
- The corporation had applied the same rule to all applicants to maintain uniformity.
Supreme Court’s Ruling
The Supreme Court, in a judgment delivered by Justices Kurian Joseph and Rohinton Fali Nariman, ruled in favor of the appellant and provided key observations on procedural fairness.
1. Common Sense Must Prevail Over Technicalities
The Court strongly criticized the corporation’s rigid interpretation of the eligibility criteria:
“In case a copy of the Secondary School Leaving Certificate can be accepted as proof of age, it does not even strike to common sense as to why the copy of the Higher Secondary School Leaving Certificate, duly attested, cannot be accepted as proof of age.”
2. Eligibility Criteria Already Permitted Alternative Proofs
The Court pointed out that the eligibility criteria itself allowed various other documents as proof of age, such as:
- Identity card issued by the Election Commission
- PAN card
- Passport
- An affidavit
Thus, rejecting a School Leaving Certificate from a Higher Secondary School was unreasonable.
3. Corporation’s Approach Was Arbitrary
The Court ruled that the rejection was arbitrary and not justified under the law. The High Court’s approach was also incorrect as it failed to consider the logical aspect of the matter.
“The High Court, however, is not correct in its approach. The clarification we have made does not in any way amend the criteria.”
4. Fresh Selection Process Ordered
The Supreme Court ordered the petroleum corporation to conduct a fresh selection process, allowing the appellant and all other eligible candidates to participate.
Final Verdict
The Supreme Court issued the following directives:
- The appeal was allowed, and the High Court’s judgment was set aside.
- The petroleum corporation was directed to conduct a fresh selection process.
- The appellant would be allowed to participate in the new selection.
- The entire process must be completed within two months from the date of the judgment.
- No costs were imposed on either party.
Conclusion
This judgment reinforces the principle that procedural technicalities should not be used to deny individuals their rights. The Court’s ruling ensures fairness in the selection process for public allotments and provides clarity on the interpretation of eligibility criteria.
Key Takeaways:
- Procedural rules should not be applied rigidly when common sense dictates otherwise.
- Eligibility criteria should be interpreted in a way that aligns with the intent of the law.
- Government and corporate bodies must exercise discretion fairly and reasonably.
- Fresh selection processes can be ordered if an application is wrongly rejected.
This ruling sets a precedent for similar cases where technical interpretations of rules are used to deny rightful opportunities to applicants.
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Download Judgment: Hina vs Union of India & Oth Supreme Court of India Judgment Dated 23-02-2016-1741852821240.pdf
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