SUDHIR TUKARAM SATHE Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Shri V. D. Hon, learned counsel for the petitioner, Shri H. M. Karwa, Standing Counsel for Union of India absent, shri V. G. Gangapurwala, learned counsel for respondents Nos. 3 and 4 and Shri S. P. Deshmukh, learned counsel for respondent No. 5.

(2.) RULE, with the consent of the parties, Rule made returnable forthwith.

(3.) THE factual matrix of the case is as under Respondent No. 3 Indian Oil Corporation Ltd. published an advertisement in Daily Lokmat on 18-8-1995 for award of retail outlet at Chashnali, dist. Ahmednagar. The said outlet was reserved for the defence category and other terms and conditions were set out for being eligible to apply for the said retail outlet. One of the conditions was that the annual income of the applicant during the preceding year should not be more than Rs. 50,000/- and that he should have been a resident at least for five years of any district in Maharashtra, however, other things being equal, preference was to be given to an applicant from Ahmednagar district. The petitioner being ex-Defence Personnel and had suffered permanent disability in the course of his duties, submitted his application in response to the said advertisement, along with the copies of all the necessary documents as prescribed in the application. Copy of his application No. 5364 has been annexed to the petition along with the testimonials he had forwarded to the respondent no. 3. It appears that all his papers received by respondent No. 3 were then forwarded to the respondent No. 2 which is a board appointed by the government of India through the Ministry of petroleum.