- (1.) This writ petition has been filed by a Co-operative Society having the name of Vishnupuri Upbhokta Sahkari Samiti Ltd.. Khatauli, district Muzaffarnagar. They have challenged the appointment of Sandeep Kumar respondent 3. Proprietor, Shyam Gas Service, Budhuna Road P.O. Khatauli district Muzaffarnagar, as the distributor for L.P.G. (Cooking Gas) in Khatauli district Muzaffarnagar by the Indian Oil Corporation Ltd. The petitioner claims that selection of respondent 3 was contrary to the conditions enumerated in the notice issued by the Indian Oil Corporation Ltd. One of the conditions stipulated preference being given to a Co-operative Society and another condition stipulated giving of preference to a resident of Khatauli. The petitioner was entitled to these preferences as against respondent 3 and the Oil Selection Board acted against the conditions set out in the notice.
(2.) The writ petition has been contested on behalf of the respondents, who have filed counter affidavits and we have also heard their counsel.
(3.) It will be necessary to state briefly the relevant facts. The petitioner claimed that it was a Co-operative Society registered under the Co-operative Societies Act. The date of registration was 25-1-1974. The Indian Oil Corporation Ltd. issued an advertisement in the Hindi Daily 'Hindustan' dt. 20th May, 1983 published from New Delhi inviting applications from persons including registered Co-operative Societies for distributorship of L.P.G. (Liquefied Petroleum Gas). The petitioner Society submitted an application filing all relevant particulars to the Divisional Manager, Indian Oil Corporation Ltd. (Marketing Division) 19. Kasturba Gandhi Marg, New Delhi, hereinafter referred to as the Corporation. A notice dated 5th July. 1984 was sent to the petitioner for interview by the Oil Selection Board, New Delhi, respondent 2, hereinafter referred to as the Board. The interview was held on 1-8-1984 at New Delhi. Shri Jai Dev Singh, Secretary of the petitioner Society appeared before the Board. The petitioner thereafter waited for the result of the selection but could not know until the month of December, 1984, that respondent 3 had been allotted the distributorship for L.P.G. The Society thereafter in a meeting dt. 7-1-1985 resolved that the appointment of Shri Sandeep Kumar should be challenged by way of writ petition. The petitioner thereafter filed this petition in this Court on 18-1-1985. The grounds of challenge were two fold: Firstly, the Society was entitled to get preference in the matter of appointment as distributor in view of condition contained in para 4 of the note (Tippani). This paragraph refers to preference being given to registered Co-operative Societies in the matter of grant of distributorship. The other ground on which emphasis was laid pertained to the residential qualification of the petitioner. The petitioner claimed that respondent 3 was not a resident of Khatauli and as such preference ought to have been given to the petitioner who fulfilled that requirement.;