HARI SHANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri A.K. Sachan, learned counsel for the petitioner and Sri Prakash Padia, learned counsel for the Indian Oil Corporation.

(2.) This petition raises a challenge to the disqualification attributed to the petitioner's candidature in relation to his graduation degree for award of LPG distributorship by the Indian Oil Corporation. The challenge is to the intimation given to the petitioner of New Years Day i.e. 1.1.2014 that he was not eligible as he is not a graduate. Thus, it is his educational qualification which has been found to be deficient.

(3.) Sri Sachan, learned counsel for the petitioner, contends that the petitioner is holder of a complete graduation degree from the Hindi Sahitya Sammelan, Allahabad, therefore, the decision of the respondents to discard the same, is contrary to law. He further submits that the brochure as contained in Annexure 14 to the writ petition, clearly prescribes that a candidate should be a graduate in any field, and since the petitioner is a graduate, therefore, he is entitled to be treated as eligible. He, however, submits that even assuming that Hindi Sahitya Sammelan, Allahabad is neither a university nor a deemed university, yet the degree awarded to the petitioner has been treated to be an equivalent qualification as prescribed in the brochure for which reliance has been placed on the letter dated 19.3.2010 issued by the Research Officer of the Central Hindi Directorate, Ministry of Human Resource Development, Government of India, New Delhi, a copy whereof is Annexure-8 to the writ petition.