LAWS(CAL)-1997-2-5

DEBASIS DHABAL Vs. UNION OF INDIA

Decided On February 02, 1997
DEBASIS DHABAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The legality and the validity of the selection process held by the Oil selection Board for the purpose of awarding L.P.G. distributorship in favour of the respondent No.6 in exclusion of the present petitioner is the subject matter of challenge in the instant writ petition.

(2.) Such challenge has been made by the petitioner mainly on the ground that the respondent No.6 has been selected although he does not fulfil the eligibility criteria as laid down in the notice inviting applications dated 30th September, 1995; the provisions of giving preference to the candidates who are unemployed graduates like the petitioner has not been given effect to by the respondents and unequals have been treated as equals and at the time of selection, all the materials and relevant criterion were not taken into consideration for the purpose of such selection by the selection Board to the serious prejudice of the petitioner.

(3.) A notice issued by the Indian Oil Corporation and inviting application from the intending candidates for the selection of distributorship was published in the Ananda Bazar Patrika dated September 30, 1995. The said notice indicated the different eligibilities which candidates must possess. One of such eligibility clauses was that income of the family (as described in the application form) for the last financial year must not exceed Rs. 50,000/-. Clause 3 (Kha) of the said notice also stated that in case of other things being equal amongst the candidates, unemployed graduate will be given preference and Consumer Co-Operative Society will be preferred to unemployed graduate. It was further indicated in the said notice that the eligible candidates will be called for interview.