PRABHAT CHANDRA TRIPATHI,JJ. - (1.) The petitioner, who responded to an advertisement issued by the Hindustan Petroleum Corporation Limited the Corporation for grant of LPG Distributorship under the Rajiv Gandhi Gramin LPG Vitrak Scheme RGGLV at Dharampur in District Mau, has sought the quashing of the order dated 24 June 2011 by which the representation dated 16 May 2011 filed by the petitioner has been rejected. The said representation was filed by the petitioner pursuant to the judgment dated 11 May 2011 rendered in Writ-C No. 21194 of 2011 earlier filed by the petitioner.
(2.) The petitioner had submitted the application for grant of LPG Distributorship as a candidate belonging to the general category. The selection process was to be conducted by a Committee consisting of two officers who had to award marks based on information given in the application and the selection was to be done by draw of lots from the eligible applicants securing minimum qualifying marks. For locations reserved under SC/ST category, the minimum qualifying marks were 60%, while that for all the other categories was 80%.
(3.) The common eligibility criteria for all categories contained in clause 6.1 of the Brochure is as follows : "Applicant applying for RGGLV should : (i) be an Indian citizen; (ii) be a resident of the town/village(s) of the advertised RGGLV location (iii) have passed minimum Xth Standard examination or equivalent from a recognized Board; (iv) be less than 21 years and more than 45 years in age as on the date of application; (v) fulfil Multiple dealership/distributorship norm: Multiple Dealership/Distributorship norms means that the applicant or any other member of 'family unit' should hold a dealership/distributorship/RGGLV or Letter of Intent (LOI) for a dealership/ distributorship/RGGLV of a PSU Oil Company i.e. only one Retail Outlet/SKO-LDO dealership/LPG distributorship/RGGLV of PSU Oil Company will be allowed to a 'Family Unit'. 'Family Unit' in case of married person/applicant, shall consist of individual concerned, his/her Spouse and their unmarried son(s)/daughter(s). In case of unmarried person/applicant, 'Family Unit' shall consist of individual concerned, his/her parents and his/her unmarried brother(s) and unmarried sister(s). In case of divorce, 'Family Unit' shall consist of individual concerned, unmarried son(s)/unmarried daughter(s) whose custody is given to him/her. In case of widow/widower, 'Family Unit' shall consist of individual concerned, unmarried son(s)/unmarried daughter(s). (vi) have minimum total amount of Rs. 2 lakhs put together from Saving accounts in Bank (as on date of application), free and unencumbered fixed deposits in Scheduled Banks, Kisan Vikas Patra, NSC, Bonds, any other investment etc. in the name of self or family members of the "Family Unit" as defined above. (In case of RGGLV locations reserved under 'SC/ST' category, applicants with less than Rs. 2 lakhs are also eligible also apply). For evaluation purpose, marks will be awarded to applicants of all categories based on the amount mentioned in the application. (vii) own a suitable land (plot) of minimum 20 meter X 24 meter in dimension at the advertised RGGLV location for construction of LPG cylinder Storage Godown. Own means having clear ownership title of the property in the name of applicant/family member of the 'Family Unit' as defined in multiple dealership/distributorship norm. In case of ownership/co-ownership by family member, consent letter from the family member will be required. Land for construction of Godown will be considered suitable, if it is freely accessible through all weather motor able approach road (public road or private road of the applicant connecting to the public road) and should be plain, in one contiguous plot, free from live overhead power transmission or telephone lines. Pipelines/Canals/Drainage/Nallahs should be passing through the plot; (viii) be physically and mentally sound to be able to run the business; (ix) neither convicted nor charges have been framed by any Court of Law for any criminal offence involving moral turpitude/ economic offences. (x) be a signatory to distributorship/dealerships agreement terminated on account of prove cases of malpractice/adulteration of any Oil Company.";