Rajasthan High Court
Dan Singh Meena S/O Shri Heera Lal ... vs The General Manager, Indian Oil ... on 13 August, 2021
Bench: Sabina, Chandra Kumar Songara
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
(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
(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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