RATNESHWARI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Questioning the pregnability of the order dated 5.10.2010 passed by learned Single Judge in C.W.J.C. No. 12073 of 2009, the present appeal has been preferred under Clause 10 of the Letter Patent.

(2.) Filtering the unnecessary details, the facts which are requisite to be stated are that the appellant-writ petitioner (hereinafter referred to as "the appellant") filed an application for appointment as a distributor for L.P.G. at Bettiah, West Champaran pursuant to an advertisement published in 'Hindustan' newspaper dated 19.1.2009 which has been brought on record as Annexure-1. The appellant is a widow of a freedom fighter and she claimed to be granted the dealership under the quota of freedom fighters but her candidature was rejected by the Interview Board on the foundation that she could not be put in the category of compartment of freedom fighters.

(3.) Being dissatisfied with the aforesaid action of the Indian Oil Corporation Ltd. (for short 'the Corporation'), the appellant invoked the jurisdiction of the writ court and contended that though she herself was not a freedom fighter but being a widow of a freedom fighter is covered by the definition of freedom fighter as finds place in the brochure issued by the Corporation and hence, the Corporation cannot take a somersault and decline to adjudge the claim of the appellant.