RAKESH SINGH BHADORIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER who is an ex-army personnel submitted his candidature for award of LPG Distributorship at Mehgaon, District Bhind under GP category. The GP category is defined in the guidelines (Annexure P/4) in clause 7.2 (c ). This makes it clear that under this category ex-personnel and personnel serving in Central and State Government and Public Sector Undertaking of Central and State Government can prefer their candidature. Petitioner submitted his candidature and was interviewed. This is not in dispute between the parties that petitioner is an ex-army personnel and experience certificate issued by the Army in favour of the petitioner is not in dispute. The candidature of the petitioner was rejected by order dated 02.01.2012 (Annexure P/1) on the ground that the petitioner does not have minimum educational qualification (Graduation) awarded by any of the University recognized by Central and State Legislature in India. The petitioner has assailed this order in the present petition.

(2.) SHRI Prashant Sharma learned counsel for the petitioner submits that the Indian Army issued Graduation certificate (Annexure P/5). This graduation certificate is treated as equivalent to any other graduation certificate issued by the Universities. By placing reliance on Annexure P/6 dated January 03, 2012 issued by Association of Indian Universities, learned counsel for the petitioner submits that the said Association is having expertise in the field of academics and once that Association has given recognition and treated the petitioner's certificate as equivalent to any graduation certificate issued by any other recognized university, respondent has no authority and jurisdiction to sit over the said expert opinion. Reliance was also placed on the Gazette of Department of Personal and Training (DOP&T) dated 12.02.1986 whereby the said certificate issued by the Army is treated as equivalent by DOP&T.

(3.) SHRI Jain, learned counsel for the respondents No.2 and 3 submits that the petitioner's case does not fall within the ambit of any of eligibility conditions laid down in clause 7.1 of the said guidelines. Learned counsel further submits that Annexure P/8 has no application because the selection in question was not under 8% quota but it was in GP category, therefore, Annexure P/ 8 cannot be pressed into service.