Vasu Dev Maida S/o Shri Veja Maida v. Indian Oil Corporation Ltd.
2020-01-03
ARUN BHANSALI
body2020
DigiLaw.ai
ORDER : 1. This writ petition has been filed by the petitioner aggrieved against the order dated 20.6.2018 (Annex.9), whereby, the candidature of the petitioner for LPG Distributorship at Abapura, District Banswara, Open Category (CC), has been rejected. 2. It is inter alia indicated in the writ petition that pursuant to the advertisement dated 23.8.2017, the petitioner applied in Open (CC) category for the location Abapura, District Banswara. After the application was filed, the petitioner was selected for award of distributorship vide order dated 27.11.2017 (Annex.6) and the petitioner was required to produce requisite documents alongwith an amount of Rs.40,000/-, which requirements were fulfilled by the petitioner, however, by order dated 20.6.2018, by indicating that the petitioner was ineligible, his candidature has been rejected. 3. It is submitted by learned counsel for the petitioner that the action of the respondents in canceling the candidature of the petitioner is not justified. It is submitted that the petitioner had produced certificate (Annex.8) in relation to Students Olympic National Games 2015-16, wherein, the petitioner had secured first position under 35 age group in Badminton (Boys) and, therefore, he was eligible as Outstanding Sports Person. 4. Submissions have been made that the games were organized by Students Olympic Association, Uttar Pradesh, which is affiliated to Students Olympic Association, India and Asia and recognized by International Olympic Students Committee and Nehru Yuva Kendra Sangthan (Government of India) and, therefore, the action of the respondents in holding the petitioner ineligible in this regard is not justified. 5. A reply to the writ petition has been filed inter alia indicating that the parameters for the category of Outstanding Sports Person have been indicated in the guidelines and as the petitioner did not fall within the said category, the candidature has been rightly rejected. 6. During pendency of the writ petition, by order dated 20.2.2019, counsel for Indian Oil Corporation was directed to send the certificate to the Department of Youth Affairs and Sport, Government of India for verification of the genuineness of the certificate and whether the same was recognized. By another order dated 17.7.2019, counsel for the Union of India was directed to assist the Court in this regard. 7. An additional affidavit has been filed by the counsel for Union of India inter alia indicating that Students Olympic Association, India, has not been recognized as National Sports Federation by the Ministry. 8.
By another order dated 17.7.2019, counsel for the Union of India was directed to assist the Court in this regard. 7. An additional affidavit has been filed by the counsel for Union of India inter alia indicating that Students Olympic Association, India, has not been recognized as National Sports Federation by the Ministry. 8. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 9. A bare look at the brochure of the Unified guidelines for LPG Distributorship (Annex.1) and its Clause – c (Page-33 of the paper-book) inter alia indicates the requirements for Outstanding Sports Person category as under:- “i. Outstanding Sports Persons Category (OSP) The following persons will be eligible to apply in this category: a. Arjuna / Khel Ratna Awardees. b. Winners of Medals at Olympics/ Asian / Commonwealth Games and Recognized World Championships. c. National Champions – first position holders in Senior Category (both Men & Women) under the Recognized National Championships. Applicants under this category should submit to the concerned office, within 7 days of intimation of his /her selection, a certificate from the Recongized National Federation organizing National Championships (as recognized by Department of Youth Affairs and Sports, Govt. of India) or from the Dept. of Youth Affairs and Sports, Govt. of India.” 10. A perusal of the above guidelines indicate that the persons eligible have been indicated alongwith the requirement that the certificate in this regard must be issued by the ‘Recognized National Federation organizing National Championships as recognized by Department of Youth Affairs and Sports, Government of India’. 11. By order impugned dated 20.06.2018 (Annex.9), it was indicated by the respondents as under:- “We wish to inform you that upon field verification of the information submitted by you in your application, the following variance was observed; You had applied in OSP category and in support of this category (OSP), you had produced two certificates: 1. “STUDENT OLYMPICS NATIONAL GAMES” recognized by International Students Olympic Committee & Nehru Yuva Kendra Sangthan and 2. “RASTRIYA BANABASI KRIRA PRATIYOGITA” recognized by All India Archery Association. But to be eligible in OSP category as per policy/norms land down, you should have submitted a certificate issued from the recognized “National Federation Organizing National Championships (As recognized by Dept of Youth Affairs and Sports, Govt. of India) or from the Dept of Youth Affairs and Sports, Govt.
“RASTRIYA BANABASI KRIRA PRATIYOGITA” recognized by All India Archery Association. But to be eligible in OSP category as per policy/norms land down, you should have submitted a certificate issued from the recognized “National Federation Organizing National Championships (As recognized by Dept of Youth Affairs and Sports, Govt. of India) or from the Dept of Youth Affairs and Sports, Govt. of India”, which is not there in your provided certificates. In view of the above, we regret to inform you that your candidature for above location is rejected. Further in line with policy, the FVC fees deposited with the corporation stands forfeited.” 12. A perusal of the certificate produced by the petitioner as Annex.8 indicates that the same pertains to Second Student Olympic National Games 2015-16, which was organized by Students Olympic Association, Uttar Pradesh. 13. Learned counsel for the petitioner laid emphasis on the fact that Student Olympic Association is recognized by Nehru Yuva Kendra Sanghthan (Government of India) and, therefore, the petitioner would fall within the category of Outstanding Sports Person. 14. A perusal of the guidelines pertaining to eligible persons indicates that the case of the petitioner, at best, can fall in category-C, wherein, for National Championships, first position holder in Senior category under the Recognized National Championships, have been held eligible subject to the requirement that the National Championship must be organized by National Federation and recognized by Department of Youth Affairs and Sports. The certificate produced by the petitioner cannot be said to be Recognized National Championship and the same has also not been issued by a Recognized National Federation and, therefore, the claim made by the petitioner, based on the certificate (Annex.8) claiming benefit as Outstanding Sports Person, cannot be countenanced and the respondents were justified in coming to the conclusion that the petitioner was ineligible. 15. In view of the above discussion, no case for interference in the writ petition is made out. The same is, therefore, dismissed.