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2016 Supreme(All) 2954
ALLAHABAD HIGH COURT
V.K. Shukla, Mahesh Chandra Tripathi, JJ.
Amrita Arya - Appellant
Versus
Union Of India & 3 Others - Respondent
Writ - C No. - 2055 of 2016
Decided On : 29-01-2016
For the Petitioner:- Narendra Kumar Pandey,Vikas Budhwar
For the Respondent:- A.S.G.I.,Tarun Varma,Yogendra Kumar
The main legal principle established in the judgment is the need for a purposive interpretation of guidelines to protect the interests of the applicants and prevent discrimination based on marital status in the context of LPG distributorship selection.
Headnote:
FAMILY UNIT - LPG Distributorship Rejection - [Guidelines for Selection of Regular LPG Distributor, August 2013] - The court discussed the guidelines for selection of LPG distributorship, particularly focusing on the eligibility criteria for individual applicants and the interpretation of 'Family Unit' and the minimum total amount required for different market categories. The court emphasized the need for a purposive interpretation of the guidelines and highlighted the importance of considering joint accounts and investments made prior to marriage in determining eligibility.
Fact of the Case:
The petitioner challenged the rejection of her candidature for LPG distributorship based on the interpretation of the guidelines for selection, particularly regarding the inclusion of joint accounts and investments made prior to marriage in the calculation of the minimum total amount required.
Finding of the Court:
The court found that the rejection of the petitioner's candidature based on the interpretation of the guidelines was unjustifiable and discriminatory based on marital status. The court emphasized the need for a purposive interpretation of the guidelines to protect the interests of the petitioner.
Issues: The issues revolved around the interpretation of the guidelines for selection of LPG distributorship, specifically regarding the eligibility criteria, 'Family Unit' definition, and the calculation of the minimum total amount required.
Ratio Decidendi: The court's decision was based on the interpretation of the guidelines in a manner that considered joint accounts and investments made prior to marriage, emphasizing a purposive approach to protect the interests of the petitioner and prevent discrimination based on marital status.
Final Decision: The court allowed the writ petition, quashed the orders rejecting the petitioner's candidature, and directed the respondents to fulfill the required formalities within two months.
V.K.Shukla, J
Smt. Amrita Arya, petitioner is before us questioning the validity of the orders dated 27.08.2015 and 23.09.2015 passed by Chief Area Manager, Indian Oil Corporation Ltd. Civil Lines, Allahabad, respondent no. 2 by which the candidature of the petitioner for awarding of LPG Distributorship at Civil Lines Allahabad, District Allahabad under SC category pursuant to the advertisement dated 29.09.2013 published in Hindi Daily News Paper "Dainik Jagran" has been rejected on the premises that petitioner does not fulfil the condition mentioned in para 6.1 (VI) of brouchure namely "Guidelines for Selection of Regular LPG Distributor".
An advertisement was published in the daily news paper namely 'Dainik Jagran' Allahabad edition on 29.09.2013 inviting application from eligible persons for appointment of LPG Distributors at different places/locations in the State of U.P. under general, S.C./S.T., O.B.C. and etc. category for Hindustan Petroleum Corporation Ltd., Indian Oil Corporation Ltd. And Bharat Petroleum Corporation Ltd.
Petitioner claims that pursuant to advertisement in question, she also applied and as per the terms and conditions of the advertisement, she gave full details of her financial status as was required under general instructions; (i) amount in saving back account (ii) Fixed Deposit/NSC/Shares/MF etc. Said details are as follows:
11. AMOUNT IN SAVINGS BANK ACCOUNT in Scheduled Bank/Post Office in the name of applicant and members(s) of 'Family Unit' has to be submitted.
| S.N. | Name of Bank | S.B A/C No. | Name of Account holders(s) | Relation with applicant | Amount |
| 1 | State Bank of India | 10209627930 | Amrita Arya | Self | Rs. 54683-0 |
| 2 | State Bank of India | 30054430563 | Amrita Arya | Self | Rs. 1720-00 |
|
| Total |
|
|
| 56403-00 |
Total amount in words Fifty Six Thousand Four Hundred Three only
12. FIXED DEPOSITE/NSC/SHARES/MF ETC in the name of applicant and members(s) of 'family unit'. Attach affidavit as per format given in Appendix-2 from member(s) of family unit.
| S. N. | Name of Bank | S.B A/C No. | Date | Name of Account holders(s) | Relation with applicant | Initial investment Amount | Amount |
| 1 | FDR | 10209684398 | Dt. 6.8.2004 | Amrita Arya & Diksha Arya | Sister | 100,000.00 | Rs. 179234 – 00 |
| 2 | FDR | 10209684397 | Dt.06.08.2004 | “ | Sister | 100,000.00 | Rs. 178598-00
|
| 3 | FDR | 32421247579 | Dt. 11.7.2012 | Amrita Arya | Self | 75,000.00 | Rs. 83590 – 00 |
| 4 | FDR | 32941726285 | Dt.15.04.2013 | Amrita Arya | Self | 200,000.00 | 208750 – 00 |
| 5 | FDR | 32937662850 | Dt.12.04.2013 | Amrita Arya | Self | 20,000.00 | 20875 – 00 |
| 6. | LIC | 314014139 | Dt.30.01.2010 | Amrita Arya | Self | 43,000.00 | 44741 – 00 |
|
|
|
|
|
| Total |
| Rs. 715788 – 00 |
Total amount in word: Seven Lacs Fifteen Thousand Seven Hundred Eighty Eight Only
4. Petitioner as she was fulfilling all the requirement as has been mentioned in the advertisement dated 29.09.2013 issued by the Indian Oil Corporation, accordingly petitioner's name was kept within the zone of consideration and thereafter petitioner's name was eventually finalized in lottery draw for appointment as LPG Distributor for Location 359 Civil Lines Allahabad under SC category. Officers of Indian Oil Corporation directed the petitioner to deposit Rs. 50,000/- through demand draft for verification. The petitioner in her turn deposited Rs. 50,000/- with the respondents and thereafter Field Verification Committee (FVC) of IOC verified the Godown and showroom. Petitioner submits that after all the requisite exercise has been undertaken her candidature in question has been sought to be rejected by the Chief Area Manager, Indian Oil Corporation, Allahabad by placing reliance on Para 6.1 (VI) of Brochure on Guidelines for Selection of Regular LPG Distributors, August 2013 on 27.8.2013. Petitioner submits that she represented against the same as opinion formed was totally
