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IN THE HIGH COURT OF MEGHALAYA
U.N. Singh, T. Nandakumar Singh, JJ.
Sengkal B. Sangma - Appellant
Versus
Indian Oil Corporation Limited And Others - Respondent
WP(C) No. 332 of 2014
Decided on : 15-10-2015
RGGLV - Eligibility Criteria for Distributorship - Advertisement dated 17.09.2010 - Summary of Acts and Sections: Ministry of Petroleum and Natural Gas guidelines, Rajiv Gandhi Gramin LPG Vitrak (RGGLV) scheme, Indian Oil Corporation Limited (IOCL), Bharat Petroleum Corporation Limited (BPCL), Hindustan Petroleum Corporation Limited (HPCL) - The court discussed the eligibility criteria for distributorship of LPG under the RGGLV scheme as per the advertisement dated 17.09.2010 and the guidelines issued by the Ministry of Petroleum & Natural Gas, Govt. of India. The court highlighted the importance of the last date for filing the application as the cut-off date for determining the eligibility of the candidate, as established in the case law. The court also emphasized the need for possession of requisite qualifications and the certainty of such qualifications, as well as the inappropriateness of the writ proceeding for deciding disputed questions of fact.
Fact of the Case:
The petitioner, a member of the Garo Scheduled Tribe community, applied for distributorship of LPG under the Rajiv Gandhi Gramin LPG Vitrak (RGGLV) scheme. The respondent informed the petitioner that he was not eligible for the distributorship due to discrepancies in his application, leading to the filing of a writ petition.
Finding of the Court:
The court found that the petitioner was not the eligible candidate for RGGLV distributorship at Phulbari, as he was not a resident of Phulbari on the last date for filing the application and the land mentioned in his application did not belong to him or any family member as defined in the advertisement.
Issues: Disputed eligibility for RGGLV distributorship, discrepancies in the petitioner's application, and the appropriateness of the writ proceeding for deciding disputed questions of fact.
Ratio Decidendi: The cut-off date for determining the eligibility of the candidate must be the last date for filing the application. Possession of requisite qualifications is mandatory and should not be uncertain. The writ proceeding is not the appropriate forum for deciding disputed questions of fact.
Final Decision: The writ petition was dismissed as devoid of merit.
JUDGMENT :
T. Nandakumar Singh, J.
1. Heard Mr. MF Quershi, learned counsel for the petitioner and Mr. HS Thangkhiew, learned senior counsel assisted by Mr. P Nongbri, learned counsel for the respondents No. 1-3.
2. The prayer sought for in the present writ petition are for quashing the impugned letter of the respondent No. 3 dated 10.04.2014 (Annexure-D) and also the impugned letter/order dated 31.01.2013 (Annexure-G) issued by the respondents No. 3 in favour of the respondent No. 4. Under the first impugned letter dated 10.04.2014 issued by the respondent No. 3-Chief Area Manager, Indian Oil Corporation Limited informed the petitioner that he was not eligible for candidature as per the conditions mentioned in the advertisement/guidelines dated 17.09.2010 of the Ministry of Petroleum and Natural Gas, Govt. of India for RGGLV and his candidature for distributorship was cancelled after complying with the directions of this Court vide order dated 12.03.2014 passed in WP(C) No. 116/2012 and the second impugned letter/order dated 31.01.2013 was for award of the Rajiv Gandhi Gramin LPG Vitrak (RGGLV) for Phulbari Area, District West Garo Hills under ST category to the respondent No. 4.
3. The concise fact of the case leading to the filing of the present writ petition, sufficient for deciding the matter in issue, is recapitulated. The scheme known as Rajiv Gandhi Gramin LPG Vitrak (RGGLV) was launched by the Ministry of State for Petroleum & Natural Gas on 16.10.2009 for setting up small size of LPG distribution agencies in order to increase rural penetration and to cover remote as well as low potential areas, location having potential of average monthly sale of 600 LPG cylinders of 14.2 Kg and 1800 customers with monthly per capita consumption of about 5 kg. The assessment of refill sale potential is based on several factors including population, population growth rate, economic prosperity of the location and the distance from the existing nearest distributor. The Oil Marketing Companies such as Indian Oil Corporation Limited (IOCC), Bharat Petroleum Corporation Limited (BPCL) and Hindustan Petroleum Corporation Limited (HPCL) had been directed to identify the areas, the location of area with low penetration so that a target growth of 50% LPG population coverage in each district and 60% over all LPG coverage in States can be achieved. The scheme further aims to eliminate the use of Chulhas and to provide clean cooking fuel to rural women folks.
4. The said scheme would be implemented by Public Sector of the Oil Marketing Companies (OMCS) aforesaid in a phased manner in addition to their marketing plan for setting up regular LPG distribution identification of location would be finalized by the OMCs based on the present penetration/coverage minimum refill/sale potential for sustaining the Rajiv Gandhi Gramin LPG Vitrak (RGGLV) etc. The criteria and the procedure for selection of RGGLV distribution would be published by OMCs from time to time in various newspapers at the time of advertisement and selection. The OMCs may also formulate draft detailed guidelines for implementation of the scheme and such draft would be subject to the approval of the Ministry of State for Petroleum & Natural Gas, Govt. of India.
5. The petitioner is a member of the Garo Scheduled Tribe community of Meghalaya and a resident of village Bangranggre, P.O. Masangpani, P.S. Phulbari, West Garo Hills District, Meghalaya. The respondents No. 1-3 issued an advertisement dated 17.9.2010 in the local daily newspaper inviting application for distributorship of the Rajiv Gandhi Gramin LPG Vitrak (RGGLV) under different categories at the location/place shown in the said advertisement from the candidates who fall under various grades of the State of Meghalaya. It is specifically mentioned in para 7 of the said advertisement dated 17.09.2010 that the application (as per format given in the advertisement) for RGGLV along with documents and the amount which was non-refundable by
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