Case Note & Summary
The petitioner, Vijay s/o Toluram Chauragade, filed a Writ Petition before the Bombay High Court (Nagpur Bench) challenging Clause 12.2 of the Brochure for selection of Rajeev Gandhi Rural LPG Vitarak (RGGLV) distributorship issued by Hindustan Petroleum Corporation Limited (HPCL). The clause provided that selection would be done by draw of lot out of all eligible applicants securing minimum qualifying marks, which were 60% for SC/ST category locations and 80% for all other category locations. The petitioner contended that this procedure was arbitrary because it treated candidates with higher marks (e.g., 90%) equally with those who just secured the minimum qualifying marks (80%), making selection dependent on luck rather than merit. The petitioner argued that this violated Article 14 of the Constitution of India. The respondents, HPCL and the Union of India, defended the clause as a transparent and efficient method for large-scale selections, emphasizing that it was a policy decision of the government. The court, after hearing arguments, held that the method of draw of lots is a valid and transparent method for selection, especially when large numbers of candidates are involved. The court noted that the policy decision of the government cannot be interfered with lightly unless it is shown to be patently arbitrary or discriminatory. The court found no such arbitrariness or discrimination in Clause 12.2 and dismissed the petition, upholding the validity of the clause.
Headnote
A) Constitutional Law - Article 14 - Selection by Draw of Lots - Validity - Clause 12.2 of Brochure for Rajeev Gandhi Rural LPG Vitarak (RGGLV) provided for selection by draw of lots among candidates securing minimum qualifying marks (60% for SC/ST, 80% for others) - Petitioner challenged the clause as arbitrary and violative of Article 14, arguing that candidates with higher marks are treated equally with those with lower marks - Held that the method of draw of lots is a valid and transparent method for large-scale selections, and the policy decision of the government cannot be interfered with lightly unless it is patently arbitrary or discriminatory - The clause does not violate Article 14 (Paras 1-6).
Issue of Consideration
Whether Clause 12.2 of the Brochure on selection of Rajeev Gandhi Rural LPG Vitarak (RGGLV) providing for selection by draw of lots among candidates securing minimum qualifying marks is arbitrary and violative of Article 14 of the Constitution of India.
Final Decision
The Bombay High Court dismissed the Writ Petition, upholding the validity of Clause 12.2 of the Brochure. The court held that the method of draw of lots is a valid and transparent method for selection and does not violate Article 14 of the Constitution.
Law Points
- Selection by draw of lots among eligible candidates securing minimum qualifying marks is not arbitrary
- valid method for large-scale selection
- Article 14 not violated
- policy decision of government not interfered with lightly
