TMI Blog1994 (9) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... wardable by the Government of India Undertakings. In the first case, admittedly, the appellant's son-in-law is already having a dealership for distribution of petroleum products. In the second case it is an admitted fact that one of the appellant's partners is already having a dealership of petroleum products and in the third case, the appellant's mother is already having a dealership of petroleum products. 2. The questions raised in these appeals/petitions are whether the government is justified in imposition of eligibility restrictions in the award of retail outlets (other than 2/3 wheeler ROs), SKO-LD dealerships and LPG distributorships guidelines. Part HI of the guidelines prescribes the eligibility criteria viz., nation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persons mentioned therein has already a dealership. It is seen that one of the conditions subject to which a candidate is entitled to apply for grant of dealership is that his spouse, father/mother, brother/ sister, son/daughter, son-in-law/daughter-in-law and parents-in-law if already had been given dealership, he/she is made ineligible to apply for dealership. In the case of partnerships, partners should individually fulfil the above-mentioned eligibility criteria/conditions and all of them must appear for an interview together. 4. Shri Ravindra Bhat, learned Counsel for the appellant/petitioners contended that under Article 19(1)(g) all citizens have the right to practise any profession or to carry on any occupation, trade or busines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concentration of wealth and means of production to the common detriment. Since the grant of dealership or distributorship of the petroleum products belongs to the Govt. larges, the govt. in its policy of granting the largesse, the govt. in its policy of granting the largesse have prescribed the eligibility criteria. One of the eligibility criteria is that one among the near relations or partners or associates in other words among a named group of persons alone should have dealership and there should not be any concentration by them in the distribution of its petroleum products through the dealership. The guidelines further intend to prevent frustration of the State policy by process of legal ingenuity or subterfuge. One of the criteria is r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alone are entitled to apply for the consideration of the grant of dealership. It is true that in case of physically handicapped persons, only three classes of persons were made ineligible. Physically handicapped persons have been treated as a class by themselves. Under these circumstances, any other person other than PH, cannot claim parity with PH persons. As far as partnership is concerned, if one of the persons either have a dealership or relations who were found to be eligible under the relationship criteria, and had the dealership, then Clause 10 of the said guidelines gets attracted and such partnership also did not become eligible to apply for dealership/distributorship. The object of Clause 10 appears to be that for those partners w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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