Judgment :

Dr. Mukundakam Sharma, J.

1. Leave granted.

2. In this appeal, we are concerned with the issue regarding allotment of a Petrol Pump at Dhariwal, which was reserved for women candidate.

3. This appeal is filed against the Judgment and Order dated 01.02.2002 passed by a Division Bench of the Punjab and Haryana High Court, whereby the Writ Petition filed by the appellant was dismissed on the ground that there was no infirmity in the selection of fifth respondent for allotment of the Retail Outlet Dealership.

4. Indian Oil Corporation - respondent No. 1 herein issued an advertisement in the "Tribune" dated 22.06.2000 whereby allotment of Retail Outlet Dealership/SKO-LDU Dealership and LPG distributorship was advertised. In the said advertisement one retail outlet, which was to be set at Dhariwal was also advertised. In the said advertisement, it was mentioned that in respect of the locations reserved for women only, on receipt of their application for Retail Outlet Dealerships/SKO-LDO Dealerships/LPG Distributorship, other things being equal, preference would be given to unmarried women above 40 years of age and widows. It was also mentioned that the Oil Companies would also provide the above women an adequate working capital for a full operation cycle for the operation of the Dealership/Distributorship.

5. The appellant - Ritu Mahajan, deceased fifth respondent -Smt. Rani Gauba and others applied for allotment of Retail Outlet Dealership at Dhariwal, which was reserved for women only. Pursuant to

.receipt of the said applications the appellant, the deceased fifth respondent as also others were called for interview on 24.04.2001. The aforesaid interview was taken by Dealers Selection Board (for short `Board) and after completion of the said interview a merit list was prepared in which the fifth respondent was placed at first position and the appellant was placed at the second position. As there was only one outlet to be allotted at Dhariwal, in terms of the position in the merit list the letter of intent was issued to the fifth respondent.

6. The appellant protested against the selection of the fifth respondent on the ground that she was not eligible to be considered for selection and even otherwise she was inferior to the appellant in all respects on the basis of the criteria laid down. The protest of the appellant, however, did not find favour with the Corporation or the Board and they refused to cancel the allotment in favour of the fifth respondent.

7. Consequently the appellant filed a Writ Petition before the Punjab and Haryana High Court with a prayer for quashing of the allotment in favour of the fifth respondent with a further prayer that the appellant be allotted the aforesaid Petrol Pump. The Division Bench who heard the matter, however, passed the impugned order dated 01.02.2002 holding that the fifth respondent was eligible for allotment of retail outlet dealership and the Board did not commit any illegality in selecting and recommending the name of fifth respondent for allotment of the said dealership.

8. Being aggrieved by the said Judgment and Order of the Division Bench, the present appeal was filed on which we heard the learned counsel appearing for the parties and also scrutinized the documents placed on record.

9. Mr. Yashraj Singh Deora, learned counsel appearing for the appellant submitted that in terms of the advertisement for allotment of the petrol pump, the minimum educational qualification was matriculation but the fifth respondent neither attached the matriculation certificate along with the Application Form nor the same was even produced at the time of interview and her application was wrongly entertained and, therefore, the said application was liable to be dismissed at the threshold. It was also submitted that even otherwise as per the criteria the appellant has higher merit in all the fields in comparison to the fifth respondent and, therefore, she deserves to be selected in preference ove