SANDEEP MEHTA, J.

By way of this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks to question the legality and validity of the advertisement dated 3.11.2007 (Annex. 5) issued by the respondent No. 2 HPCL for grant of LPG distributorship in the location - Jaitaran Tehsil, District Pali while reserving the same for defence personnel (female).

2. Facts in brief are that the respondent HPCL issued an advertisement for allotment of LPG distributorship for the location Jaitaran District Pali in the year 2002. The Distributorship Scheme of 1996 was applicable for the said advertisement. A case has been set up by the petitioner that the said location was earlier advertised on 15.7.1998. However, on both occasions i.e. in 1998 & 2002, no suitable candidate could be selected to set up the distributorship. Having failed to select a suitable candidate in the category of defence personnel (female), the respondents re-advertised the location of Jaitaran in the open category as per the Distributorship Scheme 1996-98 through an advertisement dated 5.2.2004. The petitioner applied in pursuance of the advertisement of the year 2004 with all requisite documents and the demand draft of the stipulated application fee. However, without processing the matter any further, the respondents dropped the said selection process and again re-advertised the same in the category of defence personnel (female) through advertisement dated 3.11.2007 which is under challenge in the instant writ petition. The petitioner has challenged the fresh advertisement dated 3.11.2007 by taking recourse of the selection procedure issued by the respondents particularly the proviso to Clause 2 thereof, which reads as below:

“2. RESERVATION

The location identified for setting up of LPG distributorship are reserved under various social objects categories. The percentage reservation are as under:—

Schedule Castes/Schedule Tribes (SC/ST) 25%

Defence Personnel (DC)] 8%

Freedom Fighter (FF) 2%

Outstanding Sports Persons (OSP) 2%

Paramilitary/Police/Govt. Personnel (PMP) 8%

Physically Handicapped Persons (PH) 5%

Open Category (O) 50%

Reservation for distributorship in tribal areas in north eastern are as under:—

State Percentage of distributorship to be awarded to ST category Balance % to be awarded to open category

Arunachal Pradesh 70 30

20 Meghalaya 80 20

Nagaland 80 20

Mizorm 90 10

In the above, 33% in each category stated above will be reserved for women in the respective category. Other things being equal, unmarried women above 40 years of age with out earning parents & Windows will be given preference over others in all women categories. In case of Widows a death certificate in respect of husband and an affidavit that she has not remarried will have to be submitted.

In case no eligible/suitable women candidate is available after second advertisement, the location will be removed from the reserved category for Women and re-advertised under the respective categories with out reserving the location for Women only.” [Emphasis supplied]

3. Taking recourse of the emphasized portion of the selection procedure, the petitioner has assailed the action of the respondents in re-advertising the distributorship in the reserved category for widow of defence personnel.

4. Initially, the writ petition was filed against the Union of India and the HPCL. Thereafter, an application was moved by one Sita Devi for being impleaded as party respondent in the writ petition on the ground that she was interviewed in the questioned selection process of year 2001 and stood first in merit. Therefore, this Court permitted the impleadment of Sita Devi as a party respondent in the writ petition.

5. In reply to the writ petition filed on behalf of the respondents, a specific plea has been taken that the eligibility criterion regarding residence/proof of income was altered and thereafter, a policy decision was taken by all oil marking companies to re-advertise the locations based on th