Hon'ble Vivek Kumar Birla,J.
Heard Sri Rakesh Kumar learned counsel for the petitioner, Sri Santosh Kumar Nigam for the respondent no. 1, Sri D.S. Singh for the respondent no. 4 and Sri Tarun Verma for the respondent-Corporation.
The petitioner has come up questioning the action of the respondents in proceeding to cumulatively apply 25% reservation in favour of the candidates of Defence Personal, Para Military Police Personal, Physically Handicapped Personal and Outstanding Sportsman Personal, contending that clubbing together all of them, is not the correct approach keeping in view the procedure that has been provided for under the guidelines issued by the Central Government, copy whereof has been filed as Annexure 11 to the writ petition.
Sri Rakesh Kumar submits that there is still a further sub division of percentage between these categories as provided under the said guidelines, and therefore the draw of lots should not be made by clubbing together all of them. The contention is that this virtually excludes the smaller categories from consideration and if the vacancies are less, some of the categories are eliminated altogether which results in not achieving the target of such reservation as provided under the policy.
In order to substantiate his submission, he has relied upon on the ratio of the decision in the case of Union of India and another Vs. National Federation of the Blind and Others reported in 2013(10) SCC 772.
We have considered the submissions raised and ratio of the aforesaid judgment was clearly in relation to reservation in job opportunities governed under Article 16 of the Constitution of India. In the instant case, the selection for the award of petroleum dealership cannot be read in the context of employment. The decision therefore relied upon by Sri Rakesh Kumar will not apply on the facts of the present controversy.
So far as applying reservation by clubbing together all the categories is concerned, the same does not appear to be irrational inasmuch as the brochure itself provides for a list of 100 point roster to be maintained which is to ensure equal distribution of reservation as the numbers of vacancies increase or decrease as against a particular advertisement from the point of view of the entire state.
In the aforesaid circumstances when a provision for applying the roster has been made, then the policy for clubbing together cannot said to be arbitrary or hit by Article 14 of the Constitution of India.
The draw of lots is subject to further sub divisions as provided under the guidelines on the basis whereof each particular category may remain contained within the percentage as prescribed therein, and may not exceed the same.
There is absolutely no error in the procedure adopted. No merits in the writ petition. Rejected.
Order Date :- 17.2.2014 Lalit Shukla