Case Note & Summary
The petitioner, Karnataka Rajya Vikalachetnara Rakshana Samiti, a non-profit organization registered under the Karnataka Societies Registration Act, 1960, filed a public interest litigation before the High Court of Karnataka. The petitioner challenged a notification dated 17.08.2017 issued by three state-owned oil companies (Indian Oil Corporation, Bharat Petroleum, and Hindustan Petroleum) inviting applications for 238 LPG distributorships in various districts of Karnataka. The grievance was that the notification did not provide 5% reservation for persons with disabilities as allegedly mandated under Section 37 of the Rights of Persons with Disabilities Act, 2016. The petitioner argued that the failure to reserve 5% of the distributorships violated the Act and sought to set aside the notification and guidelines to that extent. The respondents, represented by senior counsel and advocates, opposed the petition. The court examined the provisions of the Act, particularly Section 37, which deals with reservation in 'establishments'. The court noted that the term 'establishment' is defined under the Act and does not include public sector oil companies' distributorship schemes. The court reasoned that the distributorships are not 'establishments' within the meaning of the Act, and therefore, the requirement of 5% reservation does not apply. The court dismissed the petition, holding that there was no violation of the Act. The decision was pronounced by the Chief Justice and Justice S Sunil Dutt Yadav on 31st August 2018.
Headnote
A) Disability Rights - Reservation in Public Sector Distributorships - Section 37 of the Rights of Persons with Disabilities Act, 2016 - The petitioner sought to set aside a notification for LPG distributorships for not reserving 5% for persons with disabilities. The court held that Section 37 applies only to 'establishments' as defined under the Act, and LPG distributorships are not establishments. The petition was dismissed as the notification did not violate the Act. (Paras 1-10)
B) Public Interest Litigation - Locus Standi - Non-Profit Organization - The petitioner, a society working for disabled rights, filed a PIL. The court entertained the petition but found no merit on the legal issue. (Paras 1-2)
Issue of Consideration
Whether the notification dated 17.08.2017 inviting applications for 238 LPG distributorships in Karnataka is violative of Section 37 of the Rights of Persons with Disabilities Act, 2016 for not providing 5% reservation for persons with disabilities.
Final Decision
The High Court of Karnataka dismissed the writ petition, holding that there was no violation of Section 37 of the Rights of Persons with Disabilities Act, 2016 as the LPG distributorships are not 'establishments' under the Act.
Law Points
- Section 37 of the Rights of Persons with Disabilities Act
- 2016 does not apply to public sector oil companies' LPG distributorship selection
- distributorships are not 'establishments' under the Act
- no mandatory reservation for persons with disabilities in such schemes
Case Details
2018 LawText (KAR) (08) 24
Writ Petition No.1963 of 2018 (GM-RES-PIL)
Dinesh Maheshwari, Chief Justice, S Sunil Dutt Yadav
Smt. Jayna Kothari for petitioner, Sri K.M.Nataraj (Senior Advocate) for respondents 1-3, Sri Jagadish G.Kumbar (CGC) for respondents 4-5
Karnataka Rajya Vikalachetnara Rakshana Samiti
Indian Oil Corporation, Bharat Petroleum, Hindustan Petroleum, Union of India (Ministry of Petroleum & Natural Gas), Union of India (Ministry of Social Justice and Empowerment)
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Nature of Litigation
Public Interest Litigation challenging a notification for LPG distributorships for not providing 5% reservation for persons with disabilities.
Remedy Sought
Petitioner sought to set aside the notification dated 17.08.2017 and guidelines to the extent they do not reserve 5% of 238 LPG distributorships for persons with disabilities and do not provide concessions for persons with disabilities.
Filing Reason
Alleged violation of Section 37 of the Rights of Persons with Disabilities Act, 2016 for not providing 5% reservation for persons with disabilities in the selection of LPG distributors.
Issues
Whether the notification dated 17.08.2017 inviting applications for 238 LPG distributorships in Karnataka is violative of Section 37 of the Rights of Persons with Disabilities Act, 2016 for not providing 5% reservation for persons with disabilities.
Submissions/Arguments
Petitioner argued that there has been gross violation of Section 37 of the Rights of Persons with Disabilities Act, 2016 as 5% reservation has not been provided.
Respondents opposed the petition, likely arguing that the Act does not apply to LPG distributorships.
Ratio Decidendi
Section 37 of the Rights of Persons with Disabilities Act, 2016, which mandates 5% reservation for persons with disabilities, applies only to 'establishments' as defined under the Act. LPG distributorships offered by public sector oil companies are not 'establishments' within the meaning of the Act, and therefore, the notification does not violate the Act.
Judgment Excerpts
The petitioner, said to be a non-profit organization, registered under the Karnataka Societies Registrations Act, 1960, and actively engaged in working for the rights of the differently disabled persons, has filed the present petition as a public interest litigation (‘PIL’), while questioning the notification dated 17.08.2017 (Annexure-A) issued by three state-owned oil companies (respondent Nos.1 to 3), whereby the applications were invited for selection of 238 Liquefied Petroleum Gases (‘LPG’) distributors in various districts of Karnataka.
There has been gross violation of Section 37 of the Right of Persons with Disabilities Act, 2016 (‘the Act of 2016’), inasmuch as reservation of 5%, as mandated under Section 37 of the Act, has not been provided.
Procedural History
The writ petition was filed under Articles 226 and 227 of the Constitution of India. It was heard and reserved, and the order was pronounced on 31st August 2018.
Acts & Sections
- Rights of Persons with Disabilities Act, 2016: Section 37
- Karnataka Societies Registration Act, 1960:
