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Shah Mohd. Chowdhary v. Union Of India (uoi) And Others

Shah Mohd. Chowdhary v. Union Of India (uoi) And Others

(High Court Of Jammu And Kashmir)

PIL No. 92/04 and O.W.P. No. 1158/03 | 29-04-2004

1. This shall dispose of Public Interest Litigation No. 92/2004 and OWP No 1158/2003.

2. Vide advertisement dated 31.12.2003, Indian Oil Corporation, advertised 37 LPG outlets. Out of 37 outlets 10 outlets (except one backlog) were for allotment to Scheduled Caste candidates but no reservation whatsoever was made for the candidates belonging to the Scheduled Tribe category.

3. Likewise, Bharat Petroleum Corporation, vide advertisements dated 16.01.2004 and 22/02/2004, 21 and 17 LPG outlets respectively were advertised for allotment. Out of 38 outlets, 10 outlets in both the notifications were reserved for allotment to Scheduled Caste candidates but no reservation was made for the candidates belonging to the Scheduled Tribe category.

4. Hindustan Petroleum Corporation too vide advertisement dated 01/02/2004, advertised 47 LPG outlets for allotment. Out of 47 outlets, 13 outlets were kept reserved for Scheduled Caste candidates but no provision was made for Scheduled Tribe candidates.

5. Hindustan Petroleum Corporation had also issued notification dated 26/11/2003 for appointment of 58 Dealers for Petrol/Diesel outlets. Out of 58, 15 i.e. 25% were for Scheduled Caste candidates, bit no reservation was made for Scheduled Tribe candidates.

6. Likewise, Bharat Petroleum Corporation, vide notification dated 06/12/2003, had advertised 56 Petrol/Diesel outlets to be allotted to the dealers, out of which 15 were earmarked for Scheduled Caste candidates and no reservation was made for Scheduled Tribe candidates.

7. On 19/02/2004, Mr. J. P. Singh, learned counsel appearing for Indian Oil Corporation gave a statement that no allotment will be made in respect of ten outlets (except one backlog) and the same will be re-advertised after making suitable reservation for SC/ST candidates.

8. Mr. M. P. Kapoor, learned counsel appearing for Bharat Petroleum Corporation, has given a statement at the Bar that 10 outlets which had been reserved for Scheduled Caste, would be re-advertised and allotted after giving suitable reservation to SC/ST candidates. Mr. Kapoor has further stated that 15 Petrol/Diesel outlets which were earmarked for Scheduled Caste would be re-advertised making suitable provisions for Scheduled Caste/Scheduled Tribe candidates.

9. Mr. S. C. Gupta, learned counsel appearing for Hindustan Petroleum Corporation has also given a statement at the bar that 13 outlets which have been reserved for Scheduled Caste candidates, shall be readvertised and suitable provisions would be made for their allotment to SC/ST candidates. Mr. Gupta has further stated that 15 i.e. 25% Petrol/Diesel outlets which were earmarked for Scheduled Caste would be re-advertised making suitable provisions for Scheduled Caste/Scheduled Tribe candidates.

10. In the PIL and also in the writ petition, the dispute raised was that no reservation has been made for the allotment of LPG outlets and Petrol/Diesel outlets for the Scheduled Tribe category and, therefore, the advertisements to that extent be quashed. Since learned counsel appearing for Indian Oil Corporation Ltd., Bharat Petroleum Corporation Ltd., & Hindustan Petroleum Corporation Ltd. have given statements at the Bar that the outlets which have been earmarked for Scheduled Caste candidates would be re-advertised making provision for Scheduled Tribe candidates as well, the present PIL as well as Writ Petition have been rendered infructuous and, therefore, are disposed of as such.

Advocate List
  • For Petitioner : S.K. Shukla, for the Appellant; J.P. Singh, M.P. Kapoor, S.C. Gupta, for the Respondent
Bench
  • HON'BLE JUSTICE V.K. JHANJI, J
  • HON'BLE JUSTICE SUDESH KUMAR GUPTA, J
Eq Citations
  • 2004 (3) JKJ 245
  • LQ/JKHC/2004/173
Head Note

Scheduled Castes and Scheduled Tribes — Allotment of LPG and Petrol/Diesel outlets — No reservation made for Scheduled Tribe candidates — Advertisements re-advertised after making suitable reservation for SC/ST candidates — In view of the same, PIL and Writ Petition rendered infructuous and disposed of — Constitution of India, Arts. 15 and 335