NAVEEN MEHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution prays for declaring Shri Suresh Kumar-respondent No. 3 as ineligible for consideration for grant of LPG distributorship at Elenabad, reserved for members of the Scheduled Castes. It has further been prayed that after declaring Shri Suresh Kumar-respondent No. 3 as ineligible, consequential direction be issued to the Department of Petroleum and Natural Gas and the Hindustan Petroleum Corporation, respondent Nos. 1 and 2, to award LPG distributorship at Elenabad, in favour of the petitioner as the petitioner claims to be at Sr. No. 2 in order of merit after Shri Suresh Kumar-respondent No. 3. The petitioner further prayed that decision of respondent No. 2 to re- advertise LPG distributorship at Elenabad upon nullification of the selection process in respect of Shri Suresh Kumar-respondent No. 3 be set aside.

(2.) BRIEF facts of the case are that on 26.12.1997, respondent No. 2 advertised the LPG distributorship at Elenabad under the reserved category meant for Scheduled Castes. On account of inadequate response, the advertisement was once again repeated on 23.8.2000. The petitioner accordingly applied on 19.12.2000. On the basis of higher marks awarded by the Dealers Selection Board, Shri Suresh Kumar-respondent No. 3 was allotted the LPG distributorship as a Schedule Caste candidate on 27.3.2002, whereas the petitioner was placed at Sr. No. 2. There were heavy reports in the newspapers alleging widespread irregularity, arbitrariness and favouritism in the matter of allotment of LPG distributorship throughout India. Respondent No. 1 took a decision to cancel all allotments, which included allotment made to Shri Suresh Kumar-respondent No. 3. The matter was raised before Hon'ble the Supreme Court in the case of Onkar Lal Bajaj v. Union of India, (2003)2 SCC 673, wherein the validity of the order passed by respondent No. 1 on 9.8.2002, whereby all allotments made in respect of retail outlets, LPG distributorships and SKO-LDO dealerships on the recommendation of the Dealers Selection Board were cancelled. Hon'ble the Supreme Court after detailed discussion issued following directions :-

(3.) IT is appropriate to mention that the question with regard to the caste of Shri Suresh Kumar-respondent No. 3 was also raised before the Committee. However, the Committee did not prefer to express any opinion on the aforementioned disputed question. In para 24, the Committee had dealt with the issue by concluding as under :-