VIJAY Vs. HINDUSTAN PETROLEUM CORPORATION LTD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, with the consent of the respective counsel.

(2.) In the present Writ Petition the challenge raised by the petitioner is in respect of Clause 12.2 of the Brochure on selection of Rajeev Gandhi Rural LPG Vitarak (RGGLV). Clause 12.2 thereof reads thus :

(3.) Learned counsel for the petitioner has challenged Clause No. 12.2 on the ground that as per the Brochure, the candidate securing minimum 60% marks (reserved category) or 80% marks (for other categories) are held to be eligible for being included in the list of eligible candidates. The final selection would be made by draw of lots. It is contended that every candidate was to be given a Code Number and whose Code Number was taken out while drawing lots, was deemed to have been selected for allotment of LPG distributorship. Learned counsel for the petitioner, therefore, contended that the candidate with minimum 80% marks in open category and candidate with 90% marks would be treated equally though they are unequal and the selection is based upon luck. The procedure contemplated as per Clause 12.2 as well as 12.6,12.7 and 12.8 therefore, is arbitrary and violative of Article 14 of the Constitution of India and are liable to be struck down. In order to support the contentions, reliance is placed on the decision of the Orissa High Court in the matter of Rajni Bala Das Vs. Regional Transport Authority and others, 2003 AIR(Ori) 28 as well as common decision rendered by this Hon'ble Court dated 21.9.2010 rendered in Writ Petition Nos.815/ 2010 as well as 864/2010.