SANGEETA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Civil Appeal Nos. 8739/2003 and 8740/2003 relate to civil writ petition No. 24966/2001 disposed of by a Division Bench of Allahabad High Court, while, Civil Appeal Nos. 8742/2003, 8741/2003, 8737/2003 relate to civil writ petition No. 18104/2002, which was disposed of following the view expressed in the other writ petition. The dispute relates to eligibility of appellants to be selected for dealership in petroleum products.

(2.) Factual controversy lies in a narrow compass and is as follows :

(3.) In both writ petitions challenge was to the selection of the appellants in Civil Appeal Nos. 8737/2003 and 8739/2003 for retail dealership of Indian Oil Corporation Limited (in short IOC) at different places. The appellants and writ-petitioners in the writ petitions before the High Court were applicants for dealership and distribution-ship of various petroleum products. Challenge to the selection was on the ground that the selected persons were not eligible for selection on several grounds. One of the grounds highlighted was that their relatives already hold letters of intent for dealership or distributionship of MS/HSD/Kerosene/LDO/LPG of another or same public sector oil company. So far as appellant in Civil Appeal No. 8739/2003 is concerned, it was pointed out that the selected persons father-in-law was already holding dealership. In the case of appellant in civil appeal No. 8737/2003 similar plea was raised. Successful persons took the stand that the person who was already holding dealership did not come within the enumerated prohibited category and, therefore, there was no illegality in the selection. The High Court, however, held that no doubt the terms and conditions of grant of dealership mention that if daughter-in-law holds dealership then the father-in-law is disqualified. A literal or narrow meaning should not be given and if the father-in-law holds a dealership, daughter-in-law is also disqualified. A literal interpretation need not be given to the requirement, but the intention has to be seen. It was observed that the intention of the prohibition criteria for awarding of dealership was that if a close relative is already holding a dealership, relatives of such persons should not be granted a dealership. If father-in-law is a close relation to the daughter-in-law reverse is also true and, therefore, the daughter-in-law is ineligible if the father-in-law had already a dealership. IOC and the selected persons have challenged the correctness of the judgments rendered by the High Court. Writ petitioner in Civil Misc. Petition No. 24966/2003 has questioned correctness of High Courts order in Civil Appeal No. 8742/2003 on the ground that it had raised several other points to contend that the selected person was ineligible but the High Court did not refer to them. Originally, selected persons and IOC are appellants in other Civil Appeals.