Vijay Pratap Singh vs Union of India

Amreshwar Pratap Sahi and Anil Kumar Agarwal, JJ.—The petitioner applied for award of distributorship of Liquefied Petroleum Gas. His candidature has been rejected on five grounds and one of the grounds is that he is ineligible as he is not a graduate in the category for which he has applied.

The petitioner had earlier come up before this Court in Writ Petition No. 54063 of 2012 and the said petition was disposed of with a direction to decide the representation of the petitioner. Accordingly, the communication now impugned refers to the said representation and also to the condition of eligibility aforesaid indicating that the petitioner was found to be ineligible.

Having considered the same and having heard the learned counsel for the petitioner, if the petitioner is a disabled person he is conferred with certain rights and privileges under the Equal Opportunities, Protection of Rights and Full Participation Act, 1995.

It is for the respondent-Corporation to consider the availability of any such relaxation on any such issue, but so far as the brochure is concerned, the same categorically provides for the eligibility conditions without any provision for any such relaxation in the prescribed educational qualifications. Consequently, the essential eligibility criteria of being a graduate cannot be relaxed or overlooked by this Court in the exercise of jurisdiction under Article 226 of the Constitution of India.

There is no merit in the petition. Rejected.