- (1.) Leave granted.
(2.) Respondent No.1 is a company incorporated under the Indian Companies Act, 1956. It is a State within the meaning of Article 12 of the Constitution of India. Its function, inter alia, is allotment of grant of LPG distributorship.
(3.) An advertisement was issued by the first respondent inviting applications for grant of LPG distributorship for different areas including the one for Ballabhgarh district, in terms whereof a person convicted for commission of any offence involving moral turpitude/economic offence and those against whom charges had been framed by the court were ineligible therefor. In the said advertisement dated 18.7.1998 published in a daily newspaper 'The Tribune' and 'Dainik Tribune' it was stated : "2. Eligibility : The applicant should be : 5. Candidates convicted for any criminal offence involving moral turpitude/economic offences and those against whom charge has been framed by the Court (other than Freedom Struggle) are not eligible to apply." However, no distributorship was granted pursuant to the above advertisement. Later, advertisements were published in the year 002 for the purpose of grant of LPG dealership in Ballabhgarh district. The advertisement dated 23.3.2002, published in 'Navbharat Times' reads thus : "6. Candidates convicted for any criminal offence involving moral turpitude/economic offences and those against whom charge has been framed by the Court (other than Freedom Struggle) are not eligible to apply." Clauses 6 and 9 of the advertisement published in 'The Tribune' and 'Dainik Tribune' on 23.3.2002 read as under : "6. Candidates convicted for any criminal offence involving moral turpitude/economic offences (other than Freedom Struggle), are not eligible to apply. 9. The candidate selected for dealership shall be a full time working dealer. Further details of the eligibility criteria and conditions as mentioned in the application form shall apply.";