JUDGMENT : 1. Advertisement Annexure A was issued on 05.10.2013 in the Daily Excelsior newspaper for appointment of LPG distributors. The petitioner, being an educated unemployed person belonging to Rajouri claiming to be fulfilling the eligibility criteria under ST category, invoked the jurisdiction of this Court on the ground that the nomenclature used in the aforesaid advertisement Annexure A clarified that SC/ST(GP) categories meant for Central/State Government employees and Central/State PSU employees belonging to SC/ST Categories. Relevant extract of the nomenclature as given in the Advertisement Annexure A in respect of LPG distributorship for Rajouri (Jawahir Nagar) for ST (GP) is reproduced hereunder : S. No. Location District Category Type of market-Urban (u)/Urban-Rural(ur) /Rural(R) Security Deposited Marketing Plan 25 HPC Rajouri (Jawahir Nagar) Rajouri ST(GP) Ur 2.5 2013-14 2. Mr. M.K. Bhardwaj learned Senior Counsel assisted by Mr. Vasu Dubey Advocate for the petitioner contends that the nomenclature as given in the advertisement restricted the invitation of applications from the candidates belonging to the categories mentioned in the aforementioned advertisement and the said reservation was observed because it provided for reservation for those who were already working. The aforementioned stand has been vehemently opposed to by learned counsel for the respondents, who referred to Clause- 4 of the Advertisement as per which it is categorically mentioned that the detailed guidelines on eligibility etc. along with the details of selection process could be collected personally from the address mentioned at para 9 of the advertisement at a cost of Rs. 50/- or it could be downloaded free of costs from the websites www.iocl.com,www.ebharatgas.com,www.bharatpetroleum.in & and www.hindustanpetroleum.com of IOCL,BPCL and HPCL. Relevant extract of Clause 4 of the advertisement is reproduced hereunder: “Detailed guidelines on eligibility, infrastructure requirements of land for LPG godown/LPG godown, Showroom, infrastructure for Home delivery of cylinders etc along with the details of selection process are given in the Brochure which can be collected personally from the address mentioned at para 9 below at a costs of Rs. 50/- it can also be downloaded free of costs from the websites- www.iocl.com,www.ebharatgas.com, www.bharatpetroleum.inandwww.hindustanpetroleum.com of IOCL,BPCL and HPCL”. 3.
50/- it can also be downloaded free of costs from the websites- www.iocl.com,www.ebharatgas.com, www.bharatpetroleum.inandwww.hindustanpetroleum.com of IOCL,BPCL and HPCL”. 3. Learned counsel contends that the contention of the petitioner is without any basis whatsoever in view of clause-4 of the advertisement as reproduced hereinabove in the light of the guidelines for selection of regular LPG distributorship which had been uploaded on the websites as referred to above from which it was clear that the eligibly criteria was applicable in respect of the widows/dependents of those who died in war, war disabled/disabled on duty, widows/dependents of those members of Armed Forces who died in harness due to attributable causes and disabled in peace due to attributable causes. Learned counsel has referred to para 6.2.2 of the guidelines as mentioned above. Relevant extract of para 6.2.2 of the guidelines is reproduced here under: “6.2.2 Specific Eligibility Criteria for different sub categories: (a). Government (Central & State) and Public Sector Units (Central & State)-(GP) Applicants eligible under SC/ST OBC above can apply for regular LPG distributorship fulfilling the following conditions: i. Defence Personnel Defence Personnel means personnel of armed forces (viz. Army, Navy, Air Force) and will cover widows/dependents of those who died in war, war disabled/disabled on duty, widows/dependents of those members of armed forces who died in harness due to attributable causes and disabled in peace due to attributable causes. Candidates applying under this category should attach in original the Eligibility Certificate issued from Directorate General of Resettlement (DGR), Ministry of Defence, and Government of India sponsoring the candidate for the Regular LPG distributorship for which he/she has applied. Certificate of eligibly issued for one LPG Distributorship location is not valid for another LPG Distributorship location and therefore a candidate can be considered to be eligible only if he /she has been sponsored for the particular location with reference to current advertisement. Note: The applicants under this category have the option to submit the original eligibility certificate from DGR on the day of draw of lots also. However, only on submission of such certificate they will be considered for draw of lots. ii. Government and Public Sector Personnel. The personnel serving in different Departments of Central/State Government who are incapacitated or disabled while performing their duties will be eligible under this category. In case of death, while performing duties, their widows/dependents will be eligible to apply under this category.
ii. Government and Public Sector Personnel. The personnel serving in different Departments of Central/State Government who are incapacitated or disabled while performing their duties will be eligible under this category. In case of death, while performing duties, their widows/dependents will be eligible to apply under this category. Applicants under this category should attach a copy of relevant certificate from the concerned Organization/Government Department signed by the Head of the office or an Officer not below the rank of Under Secretary to the Government” 4. I have gone over the submissions made by learned counsel for the parties and do not find any merit in submissions of learned Senior Counsel for the petitioner in view of the fact that the nomenclature as given in the advertisement was only indicative, while the complete guidelines with regard to eligibility were specified in clause 4 of the advertisement. It was always open to the petitioner to have either down-loaded the same form the websites as referred to above or could have obtained a hard copy at a costs of Rs.50/- from the company. That apart, guidelines as attached along with the objections as Annexure R1 categorically reveal that the eligibly criteria was applicable in respect of widows/dependents of those who died in war, war disabled/disabled on duty, widows/dependents of those members of Armed Forces who died in harness due to attributable causes and disabled in peace due to attributable causes. The source from which the distributorship is to be filled up is exclusively within the domain of the company in accordance with the guidelines laid down by the Government of India. In the aforementioned circumstances, I do not find any infirmity in the aforementioned advertisement. Accordingly, the writ petition is dismissed. Interim directions, if any, stand vacated.