RAJIV CHOUDHARY Vs. OIL SELECTION BOARDÂ

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution the dispute raised pertains to LPG Distributorship.

(2.) AS per averments disclosed in the petition application for Distributorship of LPG were invited by respondent No. 2 - Indian Oil Corporation Limited and published advertisement Annexure-A in the daily news paper Rajasthan Patrika in its publication Annexure-1 dated October 21, 1985. The eligibility for the applicants notified were that they should be unemployed graduates (including engineering graduates) and that the income of their family should not exceed Rs. 24000/- per annum. The petitioner is an unemployed graduate and his income did not exceed Rs. 24,000/- per annum. He, therefore, submitted the application for LPG Distributorship in pursuance to the advertisement as he was duly eligible for it. The petitioner was called for interview by respondent Ho. 1-the Oil Selection Board by their letter Annexure-2 dated 14-9-1988. The petitioner appeared before respondent No. I on 1-10-1988. Thereafter respondent No. 2 issued the Letter of Intent Annexure-3 on 19-12-1988 to the petitioner. The aforesaid Letter of Intent was accepted by the petitioner and the acceptance was communicated to respondent No. 2 by a registered letter dated 27-12-1988 vide Annexure 4. AS required by the Letter of Intent Annexure-3, the petitioner proceeded to make arrangements of land, finance etc and invested huge money therein as disclosed in para 6 of the petition. However, on 26-12-1988 he received the communication Annexure-8 dated 26-12-1988 from respondent No. 2 in which he was advised not to take any action and proceed with the matter as mentioned in the Letter of Intent till a specific letter in that direction was issued to him by respondent No. 2 from its Jaipur Office. He subsequently received communication Annexure-11 dated 25-4-1989 issued by respondent No. 1. It was mentioned therein that as complaints were received against him, he should appear before respondent No. 1 on 10-4-1989. The petitioner appeared before respondent No. 1 and furnished ail the information required from him. He received the communication Annexure-12 dated July 6, 1989 from respondent No. 2. It was mentioned therein that his income and his parents' income on inquiry was found more than Rs. 24,000/- per annum. He had concealed this fact. Since the income exceeded Rs. 24,000/- per annum, he was not eligible to obtain the LPG Distributorship. The Letter of Intent Annexure-3 dated 19-12-1988 was consequently cancelled/withdrawn with immediate effect. Respondent No. 3 Shri Ram Singh also applied under the advertisement Annexure-1 for the LPG Distributorship at Jhunjhunu. Respondent No. 3 Ram Singh is working as a Junior Engineer in the Tele Communication Department of the Govt. of India at Jhunjhunu. He is thus not an unemployed engineering graduate. The information gathered by the petitioner is that LPG Distributorship is now being granted to respondent No. 3 Ram Singh even though he is not eligible for it. It is averred that the petitioner is not dependent on his parents and as such the income of his parents should not have been taken into account by respondent No. 2 in denying the LPG Distributorship to him. The reliefs prayed for are that (i) order Ann. 12 dated 6-7-1989 be quashed, (ii) LPG Distributorship at Jhunjhunu should not be allotted to any other party including respondent No. 3 and (iii) the LPG Distributorship be allotted to the petitioner.

(3.) THE next allied question is whether the income of the petitioner's parent is more than Rs. 24000/- per annum. Admittedly, the petitioner's mother Smt. Sumitra Singh was a M. L. A. and is now a Cabinet Minister in the Govt. of Rajasthan. Her income as a Member of the Rajasthan Legislative Assembly was Rs. 1000/- per month, His father gets a pension of Rs. 900/- per month. His father has a fixed deposit of a sum of Rs. 1,04,000/- in a bank from where he gets Rs 850/-per month as interest. Thus the total income of the petitioner's parents is Rs. 1000 +rs. 900+rs. 850 i. e. to say Rs. 2,750/- per month. This comes to Rs. 33000/- per annum. THE petitioner has disclosed his personal income as Rs. 5000/- per annum. THE income of the petitioner including that of his parents thus comes to Rs. 38,000/- per annum. He is, therefore not entitled for the allotment of the LPG Distributorship.