The main legal point established is the interpretation of educational qualifications for LPG distributorship and the application of Ministry of HRD notification in determining the equivalence of the graduation certificate issued by the Indian Army.

JUDGMENT

G.S.Ahluwalia, J. - Heard finally through video conferencing.

2. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

7.(i) The order impugned annexure P/1 may kindly be quashed.

(ii) Respondents may kindly be directed to allot the distributorship of LPG to the petitioner.

Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the petitioner.''

3. It is the case of the petitioner that the petitioner is an Ex-Army man who had suffered gunshot injuries while he was posted at the Border. An advertisement was issued by the respondents on 22/04/2011 for awarding the Distributorship of LPG at Mehgaon, District Bhind for G.P. Category. It is submitted that the petitioner is having a graduation certificate issued by the Indian Army and this certificate is duly recognized by the Association of Indian Universities and as per the notification issued by the Ministry of Personnel, Public Grievances and Pensions, the certificate issued by the Indian Army is having equivalence to graduation. There is a scheme with regard to allotment of oil products agency to the Defence Personnel. The petitioner was holding the post of Havaldar and had received a bullet injury while he was posted at the Border and the eligibility certificate has also been issued by the Directorate General Settlement. Copy of the battle casualty certificate has been filed as Annexure P11 and character certificate is Ex.P12. The application of the petitioner for allotment of Distributorship of LPG was rejected by the respondents by discarding his graduation certificate. Therefore, the petitioner filed a Writ Petition No.424/2012, which was allowed and the respondents were directed to reconsider the educational qualification of the petitioner. Thereafter, the petitioner made a representation but the same has been dismissed by the impugned order. Accordingly, this petition has been filed, contending inter alia that the graduation certificate issued by the Indian Army fulfills the educational qualification as laid down in the guidelines for allotment of LPG Distributorship. It is further submitted that the Punjab & Haryana High Court by its order dated 18th February, 2020 passed in the case of Krishan Singh Yadav vs. Union of India and Ors. in CWP No.13263 of 2016 (O & M) has held that the graduation certificate issued by the Indian Army is equivalent to Graduation/Degree awarded by any of the Universities incorporated by an Act of the Central or State Legislature in India or any other educational institutions established by an Act of Parliament or declared to be deemed as a University under the UGC Act, 1956, or possess an equivalent qualification recognized by the Ministry of HRD, Government of India and the present petition is duly covered by the said order.

4. Per contra, it is submitted by the counsel for the respondents/ Indian Oil Corporation that so far as graduation certificate issued by the Indian Army is concerned, it is valid for appointment on Class-C post and is not valid for allotment of LPG Distributorship because the graduation certificate issued by the Indian Army cannot be treated at par with the educational qualification degree awarded by any of the Universities or any other educational institutions established by an Act of Parliament or declared to be deemed as a University under the UGC Act, 1956 and further, the graduation certificate issued by the Indian Army has not been recognized by the Ministry of HRD, Government of India. It is further submitted that the Division Bench of Allahabad High Court by order dated 19/11/2014 passed in Writ-C No.60706 of 2014 [Jai Vijay Singh vs. Union of India, through Secretary & Others] has held that graduation certificate issued by the Indian Army cannot be treated as an embodiment of an educational qualification awarded either by a University or by any other educational institution or by a