- (1.) THE question involved in this writ petition is : Whether the allotment of LPG distributorship for Ballabgarh to respondent No. 3, who was at No. 2 in the merit panel prepared by the Dealer Selection Board, by ignoring the petitioner, who was at No. 1 in the merit panel, on the ground that he was not qualified and eligible for allotment of the LPG distributorship, because on the date of application, a criminal case involving moral turpitude was pending against him, in which charge was framed, is illegal, arbitrary, violative of Article 14 of the Constitution of India and contrary to the advertisement and the policy decision/guidelines framed by the Government of India, Ministry of Petroleum and Natural Gas for selection of LPG Distributors ?
(2.) FOR the purpose of deciding the aforementioned question, the following facts are to be noticed :- In the year 2002, Bharat Petroleum Corporation Limited-respondent No. 1 (hereinafter referred to as 'the respondent-Corporation') invited applications from the general public for appointment of the LPG distributorship under 'open' category, for different areas, including the area of Ballabgarh. In this regard, an advertisement was published in the daily 'The Tribune' on 23.3.2002, copy of which has been annexed as Annexure P-1. In this advertisement, various eligibility conditions were mentioned for the candidates, who wanted to apply for the aforesaid distributorships. Among various conditions, there was a condition at No. 6, which provides that the candidates convicted for any criminal offence involving moral turpitude/economic offences (other than Freedom Struggle), are not eligible to apply. The application for appointment of the aforesaid distributorship was to be submitted on the prescribed form, which was available on payment at the office of the respondent-Corporation. The petitioner, who is permanent resident of Ballabgarh, obtained an application form bearing No. 1931 from the office of the respondent-Corporation. Along with the said form, a brochure was also supplied, which prescribed the eligibility criteria for selection of dealers/distributors of LPG under 'Open category'. Clause 10 of the brochure provides that the candidate convicted for any criminal offence involving moral turpitude and/or economic offences (other than freedom struggle) would not be eligible for dealership/distributorship and if such a person is allotted the dealership/distributorship by suppression of information, it will be cancelled. In the prescribed application form, there was a column No. 20, which relates to the information as to whether the applicant has been convicted for any criminal offence involving moral turpitude and/or economic offences (other than freedom struggle). If yes, then supply the detail of said case. If no, then an affidavit in accordance with Appendix 'A' be attached. On 2.5.2002, after reading the complete contents of the advertisement published in 'The Tribune' and the guidelines, prescribed in the above said brochure, the petitioner submitted the application form, duly filled up in all respects, for appointment of LPG distributorship for Ballabgarh. On the date of application, the petitioner was not convicted for any criminal offence involving moral turpitude and/or economic offences (other than freedom struggle). Therefore, along with the application form, the petitioner submitted the requisite affidavit stating that he was never convicted for any criminal offence involving moral turpitude and/or economic offences (other than freedom struggle). It is pertinent to mention here that the applicant for appointment of the said distributorship was not required to give the details of the criminal case, pending against him.
(3.) THE respondent-Corporation, after scrutinizing the application forms, submitted by several candidates, called more than 60 candidates for interview. The petitioner was also found fully eligible and called for interview vide a letter dated 1.11.2003. The interview was to be held on 25.11.2003 at the Conference Room, Hotel Shyama International, Delhi. The interviews were conducted on 25.11.2003 and 26.11.2003 by the Dealer Selection Board consisting of a retired High Court Judge as Chairman and two Members. Finally, result of the interview conducted by the Dealer Selection Board was declared on 26.11.2003. The Board found the petitioner to be most suitable candidate and recommended a panel of three names for allotment of the LPG distributorship for Ballabgarh showing the petitioner at serial No. 1 and respondent No. 2 at serial No. 2.;