Case Note & Summary
The writ petition was filed before the High Court of Judicature at Bombay, Aurangabad Bench, challenging an advertisement dated 31.08.2017 and Unified Guidelines for Selection of LPG Distributors, June 2017. The petitioner, a resident of Bhamarmal in Navapur taluka, sought writs to implement recommendations of the National Commission for Scheduled Tribes, quash the advertisement and guidelines, and direct re-advertisement of locations in PESA villages exclusively for Scheduled Tribe candidates. The petitioner contended that the Scheduled Areas are predominantly tribal and that petroleum corporations should provide reservation on par with North-Eastern States. On 13.12.2017 the court passed an interim order permitting the selection process to continue but restraining issuance of appointment orders. The court also noted that similar petitions at Nagpur Bench had been dismissed. On 27.06.2018 the court framed the issue whether petroleum corporations are bound to provide reservation in difficult areas under PESA Act. It observed that Article 46 and Article 244 of the Constitution and Section 4(m)(iv) of PESA Act are relevant; that Nandurbar and Dhule are mostly tribal; and that tribal culture and language are unique. On 04.12.2018 petroleum companies submitted that although some locations were advertised for open category, selected candidates belonged to Scheduled Tribes, and sought permission to proceed. The available text ends during that submission; the final adjudication and operative directions are not included in the provided extract. Therefore, the final decision cannot be stated.
Headnote
A) Constitutional Law - Reservation for Scheduled Tribes - Article 46, Article 244, Fifth Schedule of Constitution of India - State obligation to promote educational and economic interests of weaker sections including Scheduled Tribes extends to business opportunities such as LPG distributorships in Scheduled Areas - The court observed that tribal culture, traditions and language are unique and an individual from tribal population who is part of that culture and knows the language should be extended business opportunity - Held that the issue deserves consideration (Paras 3-4). B) Administrative Law - Validity of Unified Guidelines for Selection of LPG Distributors, June 2017 and Advertisement dated 31.08.2017 - Section 4(m)(iv) of Panchayats (Extension to the Scheduled Areas) Act, 1996 - Power of Gram Sabha to manage village markets - Petitioner contended that locations in Scheduled Areas notified under PESA Act should be reserved exclusively for Scheduled Tribe candidates on par with North-Eastern States; the court noted doubt whether appointment of LPG distributors is regulated by Section 4(m)(iv) and recorded that selected candidates for some open category locations were from Scheduled Tribes - Held that interim relief to permit selection process was granted subject to no orders being issued to selected persons (Paras 2-5). C) Writ Jurisdiction - Interim Orders and Selection Process - Article 226 of Constitution of India - Court's power to regulate ongoing selection process - On 13.12.2017, court permitted respondents to complete selection of LPG dealers but restrained issuing orders to selected persons; on 04.12.2018, petroleum companies sought permission to proceed where selected candidates belonged to Scheduled Tribes - Held that the selection of Scheduled Tribe candidates in open category locations may satisfy the court's earlier observation, but final adjudication pending (Paras 2, 5).
Issue of Consideration
Whether respondents 2-4 Petroleum Corporations are bound to provide reservation in appointment of LPG distributors in difficult (durgam) areas under PESA Act; whether impugned advertisement and Unified Guidelines are invalid for not earmarking locations exclusively for Scheduled Tribes
Law Points
- Article 46 of Constitution of India mandates State to promote educational and economic interests of Scheduled Castes and Scheduled Tribes
- Article 244 and Fifth Schedule apply to Scheduled Areas
- Section 4(m)(iv) of PESA Act empowers Gram Sabha to manage village markets
- Unified Guidelines for Selection of LPG Distributors
- June 2017 provide reservation policy excluding certain North-Eastern States
- tribal culture and language distinct
- business opportunity should be extended to tribal individuals
