IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.13699 of 2010 (O&M) Date of decision:19.10.2011 Rashpal Kaur widow of late Shingara Singh, R/o H.No.445/1, Tehsil Patti, District Tarn Taran. ...Petitioner versus Secretary, Ministry of Petroleum, Government of India, New Delhi, and another. ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Jasbir Singh, Advocate, for the petitioner. Mr.J.S.Dhaliwal, Advocate, for Mr.Anil Malhotra, Advocate, for the respondents. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The petitioner challenges her non-selection for allotment to a retail outlet of petrol pump. The petitioner was responding to an advertisement issued by the Hindustan Petroleum Corporation on 08.07.2009 under reserved category for widows of paramilitary forces (PMP category). The rejection was on the ground that as per the advertisement, the minimum qualifying marks shall be 50% of the total applicable marks for 'Reserved Category including Open (widow)'. Out of 100 marks, 35 marks reserved for capability to Civil Writ Petition No.13699 of 2010 (O&M) - 2 - provide land and infrastructure and 25 marks for capability to provide finance were again not applicable which meant that the maximum marks that is applicable for 'open women category' was 40 marks. As per the specification, she must have had at least 50% of the same, namely, 20 marks. She had, however, only 4 ½ marks and, therefore, she fell below the benchmark for consideration. 2. The learned counsel states that there was no such requirement at all and not stated in the advertisement. He refers to a communication sent by the Corporation rejecting her representation on a reasoning that as per the new policy guidelines, the candidate applying in PMP-W under a corpus fund scheme had to obtain at least 20 marks out of 40 marks to qualify. This communication, according to the petitioner, contained an admission that it was only as per the new policy guidelines that 20 marks have to be obtained. If the petitioner was applying as per the new policy regulation as per the advertisement on 08.07.2009, the guideline will squarely apply. There is no merit in the contention that her candidature ought to have accepted without reference to the guidelines. 3. The writ petition is dismissed. (K. KANNAN) JUDGE 19.10.2011 sanjeev