HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Special Appeal (Writ) No. 74/2020
In
S. B. Civil Writ Petition No. 11777/2019
Dan Singh Meena S/o Shri Heera Lal Meena, aged about 55
years, R/o Jogi Mohalla Pakhar, Mahuwa, District Dausa (Raj.)
----Appellant-Petitioner.
Versus
1. The General Manager, Indian Oil Corporation (I.O.C.),
Ashok Chowk, Adarsh Nagar, Jaipur (Raj.)
2. The Chief Area Manager (LPG), DGM L.P.G. (Sales) Indian
Oil Corporation (I.O.C.), Spl.1297, Sitapura Industrial
Area, Goner Road, Jaipur.
3. Chhote Lal Meena S/o Shri Dhanna Ram, R/o Village
Jaluki, Tehsil Nagar, Distt. Bharatpur-321205 (Raj)
----Respondents
For Appellant : Mr. Nirmal Kumar Goyal Advocate.For Respondents No. : Ms. Alisha Chopra Advocate on behalf
1 and 2 of Ms. Suruchi Kasliwal Advocate.
For Respondent No. : Mr. Ved Prakash Advocate through
3 Video Conferencing.
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Judgment 13/08/2021 Appellant has filed the appeal challenging order dated 31.10.2019 passed by the learned Single Judge, whereby, writ petition filed by the appellant was dismissed.
Case of the appellant, in brief, is that respondent- Corporation had issued an advertisement for allotment of LPG distributorship at Manota Kalan, Block Nagar, District Bharatpur in (Downloaded on 16/08/2021 at 09:36:12 PM) (2 of 3) [SAW-74/2020] category of ST(GP), Mkt. Plan 17-18. Appellant as well as Respondent No. 3 along with other candidates applied for allotment. The allotment was made in favour of Respondent No. 3 by way of a draw. Although, Respondent No. 3 was not eligible for allotment, but letter of intent dated 05.03.2019 had been issued in favour of Respondent No. 3.
Learned counsel for the appellant has submitted that learned Single Judge had erred in dismissing the writ petition filed by the appellant. In-fact, Respondent No. 3 was not eligible for allotment. Learned counsel has submitted that so far as Unified Guidelines for Selection of LPG Distributors is concerned, the same came into effect from September, 2019 onwards. Hence, no reliance could be placed on the said guidelines with regard to the allotment made prior to September, 2019.
Learned counsel for Respondent No. 3 has opposed the appeal and has submitted that as per the prevalent practice, educational qualification certificate issued by Armed forces was being treated as equivalent to Class X examination. Hence, Respondent No. 3 was fully eligible for allotment of LPG distributorship.
A brochure was issued for allotment of LPG distributorship in the month of June, 2017. An advertisement was issued by the Corporation, whereby, qualifications were provided for the candidate, who was to be allotted the distributorship. Vide letter dated 06.11.2018 (Annexure-R1 attached with reply to writ petition) issued by Ministry of Petroleum and Natural Gas, the competent authority had approved the proposal submitted by IOCL on behalf of industry with a request to accept the certificate issued by Armed forces as equivalent to Class X pass in (Downloaded on 16/08/2021 at 09:36:12 PM) (3 of 3) [SAW-74/2020] accordance with Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Notification No. 15012/8/82-Estt.(D) dated 12th February, 1986. Earlier notification dated 12.02.1986 was being followed in this regard for giving appointment in Group C and Group D posts. Hence, there is no force in the arguments raised by learned counsel for the appellant.
In this factual background, learned Single Judge rightly dismissed the writ petition filed by the appellant holding that the action of Respondents No. 1 and 2 in issuing letter of intent in favour of Respondent No. 3 could not be said to be arbitrary or illegal.
No ground for interference is made out.
Dismissed.
(CHANDRA KUMAR SONGARA),J (SABINA),J
MANOJ NARWANI /42
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