JAWAHAR LAL GUPTA,J - (1.) THE petitioner was a member of the Indian Army. He retired as a Major after having rendered 36 years of service from the Procurement and Supplies Wing of the Army. He has approached this court with the prayer that a writ in the nature of Mandamus be issued directing the Haryana State Agricultural Board as also the Market Committee, Rohtak, to allot him a vegetable-cum-fruit shop/booth in the Vegetable Market "under the 6% reservation quota of Ex-servicemen in the 65 shops owned by the respondents.....".
(2.) THE petitioner alleges that in the brochure issued by the Government of Haryana and published by the Haryana Rajya Sainik Board it has been provided that 6% reservation shall be made for commercial plots/shops for widows and Ex-servicemen by the Marketing Board. He submits that in accordance with this policy he had filed an application. Despite representations, the claim has not been accepted. On the contrary vide letter dated March 23, 1999, a copy of which has been produced as Annexure P6 with the writ petition, it has been observed that the Government has vide its "notification dated 23rd July, 1997... decided to sell all the shops/booths in the State of Haryana through open auction...". The petitioner prays that this order be quashed and that a shop be allotted to him. We have heard Mr. Mohnish Sharma, learned Counsel for the petitioner.
(3.) ADMITTEDLY the Government had taken a conscious decision that the properties belonging to the Board shall be sold by open auction. It is a fair method. Ensures equality of opportunity. Still further, the petitioner was supplied with a copy of the notification dated July 23, 1997 issued by the State Government in this behalf. This notification has not been challenged. It has not even been suggested that the method as adopted by the State Government is illegal or unfair. Since the Board has merely followed the directive of the State Government, we find no infirmity in the decision communicated to the petitioner vide letter dated March 23, 1999.;