Penchela Kasturi vs Union Of India
2023 Latest Caselaw 1677 AP

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

              WRIT PETITION No.7415 of 2023

JUDGMENT:-

1.    Heard Sri. Subbarao Korrapati, learned counsel for the

petitioner, Sri G.Rama Gopal, learned Standing Counsel for

the respondent Nos.2 & 3 and learned Deputy Solicitor

General accepts notice for Respondent No.1.

2. The petitioner's candidature for appointment of regular

LPG Distributorship, pursuant to advertisement/ notification,

dated 15.09.2013, has been rejected by the impugned Order,

dated 17.02.2023, on the ground that the petitioner did not

have the required educational qualification. The ground as

stated in the order is "one year diploma course in Medical

Laboratory Technology done by you is not equivalent to the

Diploma in Engineering and hence not meeting the eligibility

criteria defined as per Clause 9(1)(ii)".

3. The last date for submission of the application as

extended was 18.11.2013. It is not disputed by the

petitioner's counsel that, at that time the petitioner's

qualification was "Diploma in Engineering". It is also not in

dispute that Diploma in Engineering is not equivalent to

Diploma in Medical Laboratory and Technology.

4. His submission is that, the petitioner possesses Degree

in B.Com Computers, which is a qualification prescribed

under the regulation, though the regulation has not been

placed before the Court. Admittedly, such Degree was

obtained on 21.08.2014 after the last date of submission of

application.

5. The qualification of the Degree, may be a qualification

for eligibility, but the petitioner did not attain the same on

the last date of submission of the application. It could not be

shown that the required qualification was to be considered on

the date of consideration of the application for grant of

dealership.

6. I don't find any illegality in the impugned order.

7. Accordingly, the petition is dismissed. No costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

___________________________ RAVI NATH TILHARI, J Date: 24.03.2023 - PND/SM