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2016 Supreme(Ker) 98

A.MUHAMED MUSTAQUE
BABY. P. – Appellant
Versus
HINDUSTAN PETROLEUM CORPORATION LIMITED – Respondent


Advocates Appeared:
For the Petitioner:SRI. T.M. SREEDHARAN, SENIOR ADVOCATE, ADVS. SRI. V.P. NARAYANAN, SMT. BOBY M. SEKHAR, SMT. DIVYA RAVINDRAN.
For the Respondents: SRI. M. GOPIKRISHNAN NAMBIAR SRI. P. GOPINATH, SRI. P. BENNY THOMAS, SRI. K. JOHN MATHAI, SRI. N. NAGARESH, ASSISTANT SOLICITOR GENERAL.

JUDGMENT :

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 up

























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