The court emphasized that the conditions stipulated in the guidelines for LPG distributorship were not fulfilled by the appellant, and therefore, the Writ Court cannot relax the conditions as it is a policy decision of the HPCL.

JUDGMENT :

P.B. BAJANTHRI, J.

In the instant L.P.A., appellant has assailed the order of the learned Single Judge dated 02.08.2018 passed in CWJC No. 14545 of 2018.

2. Respondent-Hindustan Petroleum Corporation Limited (for short ‘H.P.C.L’) issued Advertisement for appointment of LPG distributorship under RGGLV on 17.06.2017. The appellant, who was one of the prospective candidate for appointment of LPG distributorship, presented application for the location Sahasram at Darbhanga on 09.10.2017. Her candidature was rejected on the score that she did not fulfill the conditions stipulated in the Brochure on Unified Guidelines for selection of LPG distributors for June, 2017.

3. The appellant was fulfilling the portion of the conditions in the Clause-8(j) to the extent that she had prescribed size of the land and other things except that such land was not registered one and it was a lease agreement. On this issue, the claim of the appellant for appointment of LPG distributor was rejected. Thereafter, it is learnt that HPCL offered has to furnish any other plot or land and it is learnt that the appellant had produced material. However, it was registered beyond the last date i.e. after 17.07.2017. In this backdrop, the appellant filed CWJC No. 14545 of 2018, questioning the impugned action of the HPCL and it was rejected by the learned Single Judge vide order dated 02.08.2018. Hence, the present LPA.

4. Learned counsel for the appellant vehemently contended that rejection of appellant’s appointment for LPG distributorship is too technical. The appellant fulfills the criteria laid down in Para-8(j) to the guidelines. Except on the trivial issue to the extent that land possessed by the appellant was not registered one. Therefore, such a trivial issue could be condoned while appointing the appellant as a LPG distributor.

5. Per contra, learned counsel for the respondent resisted the aforesaid contention and submitted that there is no infirmity in the order of the learned Single Judge. It is further submitted that guidelines for selection of LPG distributor was well aware to the appellant and the conditions imposed in the guidelines cannot be relaxed since there is no provision for relaxation of any condition. Therefore, the LPA is liable to be dismissed.

6. Heard the learned counsel for the respective parties.

7. Undisputed facts are that the appellant was a candidate for appointment of LPG distributorship pursuant to the Advertisement dated 17.06.2017. Core issue involved in the present lis is whether the appellant fulfills the conditions stipulated in Paragraphs-1(w) and 8(j). Paragraphs-1(w) and 8(j) of the guidelines read as under:-

“1(w) "Ownership" or "Own" for godown/showroom for Shehari Vitrak, Rurban Vitra, Gramin Vitrak and Durgam Kshetriya Vitrak Type of Distributorship means having:

a. Ownership title of the property or

b. Registered lease deed having minimum 15 yrs of valid lease period commencing on any day from the date of advertisement up to the last date of submission of application as specified either in the advertisement or corrigendum (if any). Additionally, applicants having registered lease deed commencing on any date prior to the date of advertisement will also be considered provided the lease is valid for a minimum period of 15 years from the date of advertisement. The applicant should have ownership as defined under the term 'Own' above in the name of applicant/member of “Family Unit” (as defined in multiple dealership/distributorship norm of eligibitily criteria)/parents (includes Step Father/Step Mother), grandparents (both maternal and paternal), Brother/Sister (including Step Brother & Step Sister), Son/Daughter (including Step Son/Step Daughter), Son-in-law/Daughter in-law of the applicant or the spouse (in case of married applicant) as on last date for submission of application as specified either in the advertisement or corrigendum (if any). In case of ownership/co-ownership by family member(s) as given above, cons