- (1.) The Petitioner has filed this writ petition for consideration of his case of appointment as LPG distributorship under Rajiv Gandhi Gramin LPG Vitrak (RGGLV) Scheme at Village Agsoli, District Mahamaya Nagar (Hathras). Though the Petitioner is a resident of Village Nihalpur, which is a satellite village of Village Panchayat Agsoli, and the distance between these two villages is 530 meters but admittedly Village Nihalpur is not said to be hamlet of Village Agsoli. However, it is contended by the Petitioner that in both i.e. application of the Petitioner and reply of the concerned Corporation, the names of both the villages i.e. Nihalpur and Agsoli have been mentioned, as such no where the material facts are suppressed to prove the suitability/eligibility of the candidate. Hence, the impugned order dated 23rd March, 2011 saying that the Petitioner is unsuitable, is liable to be quashed.
(2.) On the other hand, the contesting Respondents have contented before us that the residence certificate, which was issued earlier, was found to be forged. No certificate had been issued by the Tehsildar.
(3.) In support of the contention, the Petitioner has further submitted that as per the Self Employment Schemes of Directorate General Resettlement issued by the Department of Ex-Servicemen Welfare, Ministry of Defence, there is an eligibility clause in respect of allotment of oil product agencies under 8% defence quota. In Clause 3 (c) thereof definition of residence has been incorporated, which speaks that candidate can apply on all India basis, meaning thereby the Petitioner is not supposed to be the resident of Village Agsoli only, to which learned Counsel appearing for the Respondents has drawn our attention to the relevant part of the Manual for Selection of Rajiv Gandhi Gramin LPG Vitrak (RGGLV), which is as follows: Defence Personnel Category (DP): Defence Personnel means personnel of armed forces (viz. Army, Navy, Air Force) and will cover widows/dependents of those who died in war, war disabled/disable on duty, widows/dependent of those members of Armed Forces who died in harness due to attributable causes and disabled in peace due to attributable causes. Candidate applying under this category should produce Eligibility Certificate issued from Directorate General of Resettlement (DGR), Ministry of Defence, and Government of India sponsoring the candidate for the RGGLV for which he/she has applied. Certificate of eligibility issued for one RGGLV is not valid for another RGGLV and therefore a candidate can be considered to be eligible only if he/she has been sponsored for the particular location with reference to current advertisement.;