JUDGMENT : Ramesh Sinha and Ajit Kumar, JJ. 1. Sri R.D. Singh, Advocate has filed vakalatnama on behalf of Union of India-respondent No. 1 which is taken on record. 2. Heard Sri Manoj Kumar Yadav, Advocate holding brief of Sri Arvind Agrawal, learned counsel for the petitioner, Sri Vikas Budhwar, learned counsel appearing on behalf of the respondent-corporation, Sri R.D. Singh, learned counsel for the respondent No. 1 and perused the record. 3. By means of this writ petition under article 226 of the constitution, the petitioner has challenged the order dated 19th of December, 2019 whereby the petitioner's candidature has been rejected for the allotment of retail outlet dealership in respect of the location advertised on the ground that "the applicant is not meeting the specific eligibility criteria under the advertised category. Despite affording opportunities, the applicant could not furnish documents with respect to CC-I category". 4. Learned counsel for the petitioner has argued that as per the brochure and the relevant clauses, the petitioner falls in the category of defence personnel and, therefore, he is entitled for the benefit of reservation for the allotment of retail outlet dealership and the stand taken by the respondents is incorrect. He has also drawn our attention towards the affidavit that he had filed before the Competent Authority of the Oil Company in which he has stated that he is working in Para Military Force and as soon as he is awarded dealership, he will resign from his service. 5. Per Contra, it has been argued by Sri Budhwar, counsel appearing on behalf of the Oil Company that the reservation for the defence personnel prescribed under the brochure has come to be defined under the provisions contained in Clause-4-C and D which runs as under:- "4(c). Defence Personnel (DEF) Defence Personnel means personnel of armed forces (vis. Army, Navy, Air Force) and will cover: (i) Widows/dependents of those members of Armed Forces who died in war or in harness due to attributable causes; (ii) Ex-service men who are war disabled/disabled in peace due to attributable causes; (iii) Able bodied Ex-service men. Defence Personnel (DEF) Defence Personnel means personnel of armed forces (vis. Army, Navy, Air Force) and will cover: (i) Widows/dependents of those members of Armed Forces who died in war or in harness due to attributable causes; (ii) Ex-service men who are war disabled/disabled in peace due to attributable causes; (iii) Able bodied Ex-service men. Candidate applying under this category covered under (i) & (ii) above would be required to submit as and when advised by Oil Company, the Eligibility Certificate in original, issued from Directorate General of Resettlement (DGR), Ministry of Defence, Government of India sponsoring the candidate for the RO Dealership for which he/she has applied. Certificate of eligibility issued for one RO Dealership is not valid for another RO Dealership 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. Candidate applying under this Category covered under (iii) above should submit copy of Discharge Order or Pension Order." 6. He further submits that the petitioner is a personnel of Para Military Force, therefore, he comes under category 'D' which defines the government servant including the Para Military Force and Public Sector personnel in the following manner: "4(d) Government (including PMP) and Public Sector Personnel.-The personnel serving in different Departments of Central/State Governments and Public Sector undertakings or 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/dependants will be eligible under this category. Applicants under this category would be required to submit as and when advised by Oil Company, a copy of relevant certificate from the concerned Organization/Government Department signed by the Head of the Officer or an Officer not below the rank of Under Secretary to the Government-Appendix VIII." 7. He argued that on the basis of Clause (d), the petitioner since continues to be a personnel in active service of Para Military Force and is physically fit, therefore, the petitioner is not covered under the definition prescribed for vide Clause 'd'. 8. We have carefully gone through the provisions as quoted hereinabove and a bare reading of Clause 'd' clearly shows that a person has to be either incapacitated or disabled while performing his duty to become eligible to get reservation under this category. 8. We have carefully gone through the provisions as quoted hereinabove and a bare reading of Clause 'd' clearly shows that a person has to be either incapacitated or disabled while performing his duty to become eligible to get reservation under this category. We have, therefore, also considered the aspect of benefit of dependents in a judgment passed in the case of Hariom Verma & another vs. Hindustan Petroleum Corporation Limited & 2 others in Writ-C No. 1153 of 2020 decided on 14th January, 2020 in which in concluding part, we have held thus:- "From the perusal of the aforesaid Clause, it is clearly revealed that the person who has got physically incapacitated during the course of employment can be put/brought in reserved category as prescribed for in Clause 2-A but so far as dependents are concerned, they are eligible to obtain benefit under the reserved Clause provided that person who suffered fatal injuries had died during the course of employment. We made a pointed query to the learned counsel for the petitioner as to whether he questions/guidelines and whether the order impugned can be said to be suffering from any legal error, he could not give any satisfactory answer. We, therefore, do not find any manifest error in the order impugned that may warrant interference. The writ petition fails and is, accordingly, dismissed." 9. In view of the above, therefore, in both the cases of personnel himself or dependents, the claimant shall himself must have gone disabled while in service to render him incapable to continue as such or personnel must have died of injury to make dependents eligible as the case may be, to get benefit under the clause 4. 10. We, accordingly, do not find any merit in the submissions advanced by learned counsel for the petitioner and also we do not find any manifest error in the order impugned warranting any interference in exercise of our jurisdiction under article 226 of the constitution. The writ petition fails and is, accordingly, dismissed.