SNEHLATA SINGH RAJAWAT Vs. BHARAT PETROLEUM CORP LTD
LAWS(RAJ)-2014-10-237
HIGH COURT OF RAJASTHAN
Decided on October 27,2014

Snehlata Singh Rajawat Appellant
VERSUS
Bharat Petroleum Corp Ltd Respondents

JUDGEMENT

- (1.) Petitioner has laid this writ petition challenging the selection process for awarding LPG distributorship at Tilak Nagar, District Bhilwara, which was undertaken by the respondents. Besides that, petitioner has also challenged the order dated 3rd February, 2012 (Annex. 12), whereby her candidature for allotment of LPG distributorship under the category of 'Outstanding Sports Persons' was not acknowledged as she was not fulfilling the requisite eligibility.
(2.) The facts necessary for the purpose of adjudication of the lis involved in the matter are that an advertisement was issued by the respondents inviting applications from the eligible candidates for allotment of distributorship of LPG in the Sate for different categories on 13th March, 2010. Para 5 of the Brochure deals with eligibility criteria for various reserved categories. Clause (d) of para 5 of the Brochure deals with the criteria for determining status of an individual as outstanding sports person, which reads as under:- (d) Outstanding Sports Persons (OSP) The following persons will be eligible: (a) Arjun Awardees/Khela Ratan awardees (b) Winners of Medals at Olympics/Asiad/Commonwealth Games and Recognised World Champions. (c) National Champions under the Recognised National Championships. (d) National Adventure Awardees Persons applying should produce a certificate from the recognised National Federation organizing National Championships (as recognised by the Department of Youth Affairs and Sports, Government of India) or from the Department of Youth Affairs and Sports, Government of India. The criteria of Educational Qualification for eligibility will not be applicable for OSP category. However, candidates will be given marks for educational qualification as mentioned in their application.
(3.) Being aspirant for allotment of LPG distributorship, petitioner offered her candidature as a person belonging to clause (d) of para 5 of the Brochure i.e. Outstanding Sports Persons and craved for allotment of LPG distributorship at Tilak Nagar, District Bhilwara. For proving her credentials as outstanding sports person, petitioner has also submitted requisite certificates, which are Annex. 3 with the petition. The relevant certificate is the certificate issued by the National Rifle Association of India dated 18th August, 2010 in which in that competition, she was placed at first position. The application submitted by the petitioner along with the requisite documents was scrutinized by the respondents and regarding the certificate of the petitioner requisite informations were solicited from National Rifle Association of India vide letter dated 22nd of July, 2011. In response to the same, the National Rifle Association of India by its communication dated 29th September, 2011 has conveyed to the respondents that the competition, which the petitioner has won, is not recognized and as such she is not fulfilling the eligibility criteria of sub-clause (c) of clause (d) of para 5 of the Brochure. The recitals contained in the letter dated 29th September, 2011 from the Secretary, National Rifle Association of India is reproduced as under:- This has reference to your letter No. AT.LPG.MKTGPL0810.TILAK NAGAR dated 22.07.2011 in connection with certificate NO. TRG/CERT/96 dated 02.10.2006 & TRG/CERT/96 dated 18.08.2010. 1. The XVI All India G.V. Mavlankar Shooting Championship does not fall under the eligibility criteria 'C', as stated in your letter. 2. It is confirmed that Smt. Snehlata Singh Rajawat has participated in XVI All India G.V. Mavlankar Shooting Championship and certificate was issued vide our certificate No. TRG/CERT/96 dt. 02.10.2006 and TRG/CERT/96 dt. 18.08.2010 to her for 1st position (Gold Medal) during the championship.;


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