The petitioner, a totally blind person, applied for LPG Distributorship under S.C.(C.C) category at Kottiyam in Kollam District. The petitioner's application has been rejected on two grounds, which are as follows:

i. a "totally blind person" is not eligible; and

ii. the dimension of the godown plot does not satisfy the minimum dimension as prescribed in the notification.

2. The petitioner in this writ petition challenges the stipulation specifying the eligibility as well as the rejection of his application based on dimension of the plot.

3. It is to be noted that the petitioner is a lone candidate in the SC category.

4. The first and foremost question that has to be decided by this Court is whether the eligibility, as stipulated in the Brochure on Guidelines for Selection of Regular LPG Distributors, has to be interfered with or not. The relevant clause in the brochure is as follows:

"I. Physically Handicapped Category (PH):

Candidates would be considered eligible under this category in case the candidates are orthopaedically handicapped to the extent of minimum of 40% permanent (partial) disability of either upper or lower limbs; or 50% permanent (partial) disability of both upper and lower limbs together. For this purpose, the standards contained in the ‘Manual for Orthopaedic Surgeon in evaluating Permanent Physically Impairment' brought out by the American Academy of Orthopaedic Surgeons, USA and published on its behalf by the Artificial Limbs Manufacturing Corporation of India, G.T. Road, Kanpur, shall apply.

Deaf, Dumb and Blind persons with minimum degree of 40% disability will also be eligible to apply for LPG Distributorship under this category. However, totally blind persons will not be eligible." (emphasis supplied in bold)

5. The learned Senior Counsel appearing for the petitioner would argue that there is no impairment for a totally blind person to carryout day-to-day functions of the LPG distribution. It is submitted that the petitioner can very well be assisted by his spouse and others. It is further argued that the stipulation as above is violative of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as, the "PWD Act). The main crux of the arguments is that treating a totally blind person as ineligible, is violative of Art.14 of the Constitution of India.

6. Per contra, the learned Standing Counsel for the first respondent, with reference to the counter affidavit filed in this matter would argue that the importance of functional duties to be discharged by a LPG Distributor cannot be ignored while determining his eligibility for LPG distributorship. The learned Standing Counsel particularly drew my attention to para.5 of the counter affidavit which reads as follows:

"5. It is submitted that Exhibit P3 Selection Guidelines are approved by the Central Government and are applicable uniformly to all the Oil Marketing Companies ("OMCs"), including the 1st respondent. Clause 6.2.2 b) I. Of Exhibit P3 prescribes that "totally blind persons" will not be eligible to apply under the Combined Category. This is a purely policy matter, approved by the Central Government, and is not liable to be interfered with by this Hon'ble Court. Operating LPG distributorships involves day to day physical involvement and if a person is totally blind he/she will not be able to perform the duties properly. The distributorship operation involves managing a workforce, personal attention to customer services and complaints, physical self-verification of the inventory of cylinders/regulators in the LPG godown on a daily basis etc. It involves personal invovlement in all aspects which cannot be fulfilled if a person is totally blind. The problem is more serious as the product which the distributor is handling is hazardous in nature. The safety issue cannot be addressed if the person is totally blind."

7. Therefore, the question that has to be considered is whether th