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1983 Supreme(Guj) 67

S.L.TALATI
KIRITKUMAR GANDALAL SHAH – Appellant
Versus
INDIAN OIL CORPORATION LIMITED – Respondent


Advocates Appeared: G.N.SHAH, N.R.OZA

S. L. TALATI, J.

( 1 ) THE respondent Indian Oil Corporation Limited is a Government of India undertaking and is engaged in distribution of kerosene and light diesel oil (L. D. O ) and it has the sole monopoly in allotment of dealership and distributorship of kerosene and L. D. O. The respondent is the State within the meaning of Article 12 of the Constitution of India.

( 2 ) THE respondent Company in May 1973 gave an advertisement in several Newspapers for appointment of dealer for Baroda- Sankheda region in Baroda district for kerosene and L. D. O. Applications were invited from public for appointment of dealer for kerosene and L. D. O. in Baroda-Sankheda region. About 70 or 80 persons applied in response to that advertisement. The advertisement required certain educational qualifications business capacity to secure sales and management and it further provided that the person whose parents husband or wife brother or sister sons or daughters if any of them have got dealership then such persons should not apply for getting dealership. After scrutiny of the applications which were received interviews were held at Ahmedabad on 27/09/1979 Several persons including the petitioner were c










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