High Court · 2012

Heard Mr. S.K. Medhi, learned counsel for the petitioner appearing in W. P.(C) No. 758/2012 (hereinafter referred to as the first writ petition) and Mr. PKR Choudhury, learned counsel appearing in W.P.(C) No. 775/2012 (hereinafter re ferred to as second writ petition). I have also heard Mr. M.K. Choudhury, learne d Sr. counsel assisted by Mr. N. Baruah, learned counsel appearing for the respo ndent Nos. 2 and 3. Both the writ petitions pertain to same issue have been heard together a nd are being disposed of by this common order. The petitioners are aggrieved by Annexure-III notice published in the is sue of Assam Tribune dated 26.01.2012. The notice pertains to setting up of Kis an Seva Kendra (Retail Outlet). By the said notice Indian Oil Corporation (IOC) has conveyed its intention to set up KSK (Retail Outlet) at the locations in the State of Assam indicated in the notice itself. Objectives are to provide diesel , petrol, lubricating oils and other agro and non-agro products to rural and agr iculture customers at their doorsteps. By the said notice dated 26.01.2012 as many as 93 locations have been in dicated for setting up of KSK (Retail Outlet) including Katharbari Momoi Bebejia in the revenue district of Lakhimpur, Dhakuakhana. As per the said notice, the outlet is in the open category with reservation for woman. According to the petitioner involved in the first writ petition, the sai d outlet ought not have been earmarked for upen category inasmuch in view of the fact that Dhakuakhana Legislative Constituency is reserved for ST category. It is the stand of the petitioner that Dhakuakhana Assembly Constituency being a re served Constituency (ST), the IOC ought to have considered that aspect of the m atter and kept the retail outlet reserved for ST category candidate. So far as the second writ petition is concerned, it is the stand that th e retail outlet to be set up at Dhakuakhana ought not have been reserved for wom an category candidate in the open category inasmuch going by the calculation mad e on the basis of the retail outlets indicated in the impugned notice coupled wi th the fact that there will be another notice earmarking 43 locations for reserv ed category candidates, percentage of reservation provided for woman by far exce eds the limit of 33%. In the counter affidavit filed by the respondent Nos. 2 and 3, it has be en stated that IOC follows its own policy decision in the matter of setting up o f retail outlets and is not be to be guided by the fact of particular location f alling within the reserved Assembly Constituency. In this connection, the detail s of the policy decision regarding 100 point rolling roster which IOC has adopte d following the guidelines of Petroleum and Natural Gas has also been referred t o. For a ready reference the stand of the respondent Corporation as indicated in paragraph-6 is reproduced below: (cid:28)6. That with regard to the statements made in paragraphs-6 and 7 of the writ pe tition, the deponent states that the statements made in the said paragraphs are borne out of certain misconception and the 100 point rolling roster taken in to account in compiling the State Retail Marketing Plan 2011-2013 ensures that the quota for reservation for each of the reserved categories is maintained. The gri evance of the petitioner that no location has been reserved for scheduled caste and scheduled tribes category in the advertisement in question and therefore th ere is violation of the reservation policy is misconceived inasmuch as for commi ssioning of new outlets for SC and ST categories the system that is followed is different from the system which is followed with regard to allotment of dealersh ip for general categories. For the SC and ST categories the corporation has to a rrange for land as a first step, which is contrary to what is done with regard t o the general categories. For these reserved categories, once the land is obtain ed, the advertisement is issued seeking applications from eligible and intereste d candidates and thereafter on finalization of the candidates as per procedure e stablished, the retail outlet is constructed by the corporation, for commissioni ng. At the stage of commissioning even a working capital loan at a very nominal rate is given to the newly appointed dealers under ST and SC categories. In this context it may be pertinent to mention that the advertisement in question, date d 26.01.2012, read in isolation cannot reveal the quota-wise reservation made. I t is the State Retail Marketing Plan (in short ’SRMP’) which determines as to wh ich location would be reserved or unreserved. In the State of Assam the current 207 points roster for allocation of KSKs is based on 100 points rolling roster a nd the respondent corporation while issuing the advertisement has followed the s ystem envisaged under the guidelines. In the context of the averments made in th e instant writ petition it is pertinent to mention that the Ministry of Petroleu m and Natural Gas vide a circular dated 28.01.2009 has stipulated that the only criteria that is to be ensured in all States is that the percentage of reserva tion is met. In other words a location in SC or ST constituency did not necessar ily be reserved for SC or St as long as the percentage stipulated for the State is met in the roster. The only restriction that the said circular envisages is t hat once a land allotment is made by the State Government for specific category, the said location can only be reserved for a specific category only. So far as the 43 nos. of locations to be advertised for SC and ST categories are concerned , as stated herein above since the Corporation has to arrange for the land and t hereafter make necessary advertisement, the process for allotment of dealerships to these reserved categories could not be taken up along with the 93 locations which had been advertised and there is no illegality and/or infirmity in the pro cess that has been initiated. So far as the location at Dhakuakhana is concerned , the same is though advertised under Open Woman category, the same does not bar any woman belonging to ST or SC category from participating in the process. (cid:29) In so far as the claim of the petitioner in the second writ petition is concerned, suffice it to say that 33% reservation provided for woman will have t o be calculated on the basis of total composite strength of the outlets and not on the basis of the outlets indicated in the impugned notice. Further, the resp ondents have indicated 100 point roster which is being followed in the matter of earmarking retail outlet and on that basis, the particular outlet at Dhakuakhan a falls in the open category (woman). Annexures-B and C to the counter affidavit clearly indicate the procedure being followed in the matter of allotment of out let. As per the said procedure, Dhakuakhana falls under upon category (woman). I n Annexure-C the local of Dhakuakhana finds mention at serial No. 178 as open ca tegory (woman) which has been prepared following roster point. Merely because Dhakuakhana Constituency is a reserved (ST) Constituency, in the matter of setting up of retail outlet the petitioner cannot claim that s ame should be reserved for ST candidate. As indicated in paragraph-6 of the coun ter affidavit as quoted above, IOC as per its own policy decision has earmarked Dhakuakhana retail outlet as open category (woman). The said policy is based on percentage of woman taking into account the total outlets. Following 100 point r oster, the IOC has categorised Dhakuakhana as open category (woman). If that be so, no fault can be attributed to the IOC in earmarking Dhakuakhana retail outle t for open category (woman). So far as the second writ petition is concerned, the plea of the petitioner that percentage of reservation in earmarking woman category exceeded in reference to 93 retail outlet indicated in the impugned notice and the proposed 43 number of retail outlet, is without disclosing as to what is the total number of outlets through out the State on the basis of which percentage of reservation for woman is provided. Further, the respondents follow 100 point roster and on that basis, Dhakuakhana falls in the open (woman) category. I do not find any illegality i n the matter of earmarking the location. For all the aforesaid reasons, I do not find any merit in the writ petit ions. Accordingly both the writ petitions are dismissed. However, there shall be no order as to costs.