THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.10403 of 2010 ORDER: The Indian Oil Corporation issued a notification dated 01-10-2007, inviting applications for selection of dealer for LPG distribution in Hathnura and Papannapet Mandals of Medak District. The dealership was earmarked for persons hailing from para-military forces. The petitioner states that he worked in Assam Rifles and was released from service on the grounds of disability, assessed at 80%. The petitioner applied, and it is stated that he is the only applicant. The petitioner was invited for interview held on 11-11-2008. According to him, the selection committee found him fit in all respects. The petitioner undertook correspondence thereafter. Through letter dated 01-04-2010, the Chief Manager, the 3rd respondent herein, informed the petitioner that the petitioner did not secure the minimum of 40% marks and thereby his candidature cannot be considered. The petitioner feels aggrieved by the same. The petitioner contends that he was entitled to be awarded 24 marks for Para-military Personnel (PMP) category whereas he was awarded only 8 marks. He submits that the decision taken by the respondents is contrary to the guidelines issued for selection of candidates. On behalf of respondents 1 to 4, a detailed counter-affidavit is filed. The fact that the petitioner was the only applicant, and that he was interviewed on 11-11-2008 is admitted. It is stated that in addition to the evaluation of the suitability of a candidate, with reference to 100 marks applicable to general candidates, a candidate hailing from para- military personnel category PMP assessment has to be made from 40 marks more and the gradation is done as per the awards given to or disability suffered by such persons. He stated that, since the disability suffered by the petitioner was not attributable to any official duties, he was assigned 8 marks and on the whole, he secured 47.5 out of 140 marks, which is below 40%. Heard Sri P. learned counsel for the petitioner and Sri Deepak Battachargee, learned counsel for the respondent. There is no denial of the fact that the petitioner was only applicant for the distribution of LPG at Hathnura and Papannapet Mandals, and that he was interviewed by the Committee. The guidelines stipulate that a candidate must secure minimum of 40% marks, to be qualified as a candidate for dealership. For the selection of ordinary candidates, the evaluation is done with reference to the 100 marks, divided into various special categories. Wherever the dealership is earmarked for PMP candidates assessment is to be done for 40 marks more. For such candidates, the minimum would be 56 marks, in all. The PMP candidates are divided into five categories in terms of priority or award of marks, as under; Extract counter It is no doubt true that the petitioner suffered disability and that in fact was the cause for his discharge frm the service of Assam Rifles. The disability was also assessed at 81%. If this was suffered in the course of duty, he was entitled to be awarded 24 marks under priority 3. The record however discloses that the disability suffered by him is not attributable to his duties. In the release/discharge medical examination report, the information furnished by the petitioner discloses that the discharge suffered by him is “low back ache”. In the reason for seeking discharge, he stated “I am unable to continue in the service any further due to my illness, which is hampering my day to day duties and performance”. Nowhere in the proceedings it was mentioned that he suffered any wounds or other disability in the course of duties. Under these circumstances, it cannot be said that the petitioner is not entitled to be awarded 24 marks. Since the disease was suffered otherwise than on duty, 8 marks were awarded. For the total of 140, the petitioner secured 47.5, which comes to 33.93%. It is far below the minimum of 40%. Hence, no exception can be taken to the impugned order. The writ petition is accordingly dismissed. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.01-04-2011. KO