RAKHI THAREJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Arvind Srivastava, learned counsel for the petitioner, Sri Vikas Budhwar, learned counsel for the respondent Nos. 2 and 3, and Sri K.M. Mishra learned counsel for respondent No. 4 and have perused relevant documents on record.

(2.) By means of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 19/2/2010 (Annexure-11 to the writ petition) passed by Dy. General Manager-NCZ, Hindustan Petroleum Corporation. In this writ petition, the petitioner has prayed for the following reliefs; (i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 19.2.2010 (Annexure No. 11 to this Writ Petition) passed by Dy. General Manager-NCZ Hindustan Petroleum Corporation. (i-a) issue a writ order or direction declaring the Clause 8 (b) (iii) of the guidelines/criteria of Hindustan Petroleum Corporation applicable for MSD/ HSD dealership making classification made between women above 40 years with earning capacity and widow women below 40 years with earning capacity . as unconstitutional, arbitrary, irrational without having nexus or with the object sought to be achieved and without being based upon any intelligible differentia, thus violative of fundamental right of the petitioner under Article 14 of the Constitution of India. (ii) Issue any other suitable writ, order or direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iii) Award cost of this petition in favour of the petitioner.

(3.) (i) In brief, the petitioner's case is that an advertisement was made by the respondent No. 2 in the daily newspaper namely "Amar Ujala" on 23.6.2009 inviting the applications for appointing the retail outlet dealers for various locations. The petitioner applied for the location mentioned in the said advertisement on item No. 236.The petitioner received a letter dated 10.9.2009 intimating her to appear before the Selection Board for interview on 10.9.2009 under the procedure for selecting the candidate for retail outlet, the marks are awarded under the heading which are as follows: