Point of Law : Scheduled Tribes - Reservation/ Guidelines - LPG Distributorship - Selection of - Unless this petition was a PIL, such contentions of petitioner without having a cause of action, would amount to indulging in litigation sheerly on speculation.

JUDGMENT :

Ravindra V. Ghuge, J.

1. By this petition, the petitioner has put forth prayer clauses AA, B, C and D as under :-

“AA. Issue writ of mandamus or any other appropriate writ order or direction and direct the respondents to implement the recommendations of the National Commission for Scheduled Tribes as per the review meeting Annexure P-1 so far as petro product dealership in tribal area of Maharashtra is concerned.

B. Issue writ of certiorari or appropriate writ and call for the record and proceedings of the advertisement dated 31.08.2017 published by respondent No.2 to 4 as also the guidelines of June 2017, for selection of LPG Distributorship and on its perusal or otherwise, quash and set aside the entire selection procedure, reservation/ earmarking of the aforementioned location for other category except S.T. be quashed and set aside.

C. Issue writ of certiorari or appropriate writ and call for the entire material including the Unified Guidelines for selection of LPG Distributorship framed in June, 2017 by respondent No.2 to 4 and quash and set aside the above clauses of the said guidelines.

D. Issue writ of mandamus directing the respondents to re-advertise the above locations in the villages and locations notified under PESA Act, to the Scheduled Tribe candidate only.”

2. On 13.12.2017, this Court (Coram : P.B. Varale and S.K.Kotwal, JJ) had passed the following order:-

“1. Heard learned counsel for the petitioners. Challenge in these petitions is to an advertisement issued in Daily newspaper Lokmat/Times of India dated 1.9.2017/ 31.8.2017 for appointment of the L.P.G. Distributors. The learned counsel for the petitioners submitted that, the similarly situated persons approached the Division Bench of this Court at Nagpur Bench challenging the very advertisement i.e. the advertisement dated 1.9.2017 by way of Writ Petition No.6844/2017 and other writ petitions. The learned counsel invited our attention to the order passed by the Division Bench at Nagpur Bench on 6.11.2017. The same is placed on record at Exhibit C.

2. Mr. Bhandari, learned counsel waives service for respondent No.1 Indian Oil Corporation Ltd. and prays for two weeks time to take instructions and file reply. Two weeks time granted to Mr. Bhandari, learned counsel to file reply. Notice to other respondent/s made returnable on 10th January 2018.

3. In view of the order passed by the Division Bench at Nagpur Bench, the respondents are permitted to complete the process of selection of L.P.G. Dealer, however, no orders be issued to the selected person/s.”

3. There is no dispute that Writ Petition No.6844/2017 and other connected petitions were dismissed by this Court at Nagpur.

4. On 27.06.2018, this Court (Coram : R.M.Borde and A.M.Dhavale, JJ) had passed the following order :-

“1 The issue, that has been raised in the instant petition, is :

As to whether Respondents No.2, 3 and 4 – Petroleum Corporations are bound to provide reservation in the matter of appointing LPG distributors in the difficult (durgam) areas, which are brought under the applicability of provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (for short, 'the PESA Act').

2. The petitioner contends that the advertised location Bhamarmal, Tq. Navapur, is brought under the coverage of the PESA Act and similarly most of the places in Sakri, Shirpur, talukas of Dhule district and the areas forming part of Nandurbar district, Taloda, Dhadgaon, Akkalkua, Akruni, Navapur and Shahada talukas, are populated with Scheduled Tribe community population. It is contended that the culture, traditions as well as local language of Adivasis is distinct. It is the contention of the petitioner that since the provisions of PESA Act are made applicable to the Scheduled areas, it is incumbent upon the Respondent-Corporations to provide reservation in favour of Scheduled Tribe population on par with the provision of reservation made in respect of various categories in North-Eastern States of Arunachal