RAVINDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the Letter of Intent issued in favour of the third respondent, Smt. Kamla Rani, granting her dealership for a dealer owned Petrol and H.S.D. Retail Outlet at Ner Chowk National Highway, District Mandi (hereinafter called 'the retail outlet') has been challenged on the ground, inter alia, that she was not qualified having her family income more than Rs. 50,000/- annually in the relevant financial year 1991-92; she does not ordinarily reside in District Mandi and was not entitled for preference being a candidate belonging to the District for which the dealership is advertised and her Physically-handicapped certificate produced by her is not issued by the competent authority.

(2.) The facts in brief are that notice inviting applications for retail outlet, from amongst chandidates belonging to "Physically Handicapped/ Personnel of Para Military Forces disabled on duty/Widows of Personnel of Para Military Forces who die inline with the course of duty" was published in the daily Tribune on 13-2-1993 (Annexure P-A), in response to which the petitioner, third respondent Smt. Kamla Rani and intervenor seventh respondent Rajesh Kumar Arora, along with other candidates applied. They were interviewed on 6-9-1993 at Hotel Himland (East), Shimla, by the Oil Selection Board (Himachal Pradesh) on whose recommendations, Letter of Intent for the Retail Outlet was issued to the third respondent. The eligibility criteria for selection for dealership/distributorship is provided in the latest instructions/guidelines. The criteria which are relevant for the controversy raised in this writ petition are reproduced hereinbelow :

(3.) The eligibility criteria were also mentioned in the notice inviting applications appearing in the Tribunal (Annexure P-A).