IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE TWENTY EIGHTH DAY OF APRIL, TWO THOUSAND TEN WRIT PETITION No.3287 OF 2008 Between: B.Rajendar. … Petitioner And Hindusthan Petroleum Corporation Ltd., Registered Office at 17, Jamshedji Tata road, Mumbai-400 020 and two others. … Respondents Counsel for the petitioner: Sri Govardhan Venu. Counsel for the respondents: Sri M.Ravindranath Reddy for R1&R2. Sri A.Ravinder Reddy for R.3. This Court made the following: ORDER:- At the interlocutory stage, the Writ Petition is taken up for hearing and disposal, with the consent of the learned counsel for the parties. I have heard Sri Govardhan Venu, learned counsel for the petitioner; Sri M.Ravindranath Reddy, learned Standing Counsel for respondent Nos.1 and 2; and Sri A.Ravinder Reddy, learned counsel for respondent No.3. This Writ Petition is filed for a Mandamus to set aside letter, dated 19-1-2008, as modified on 27-1- 2008, whereby the petitioner’s application, dated 31-10- 2007, for appointment as LPG Dealer for Kollapur Town, Mahaboobnagar District, under Outstanding Sports Persons Category (OSP), in pursuance of notification dated 1-10-2007, was rejected. The petitioner is a player in the sport called “Sepak Takraw” (Kick Volleyball). The Hindusthan Petroleum Corporation Limited- respondent No.1 (for short “the Corporation”) invited applications for LPG Dealerships in respect of various places, including Kollapur town in Mahaboobnagar District. It is not in dispute that the said dealership is reserved for OSP category. Initially the Corporation issued letter, dated 19-1-2008, with reference to the petitioner’s purported application for Kollapur, Medak District, stating that his application was rejected on the ground that at the time of scrutiny the petitioner was found ineligible/his application was found to be incomplete on account of the reason that recognition by Sports Authority of India or Ministry of Sports & Youth Affairs has not been furnished. Later, by letter, dated 27-1-2008, the mistake occurred regarding mentioning of wrong district has been rectified by reiterating the same reasons for which the petitioner’s application was not considered. Assailing the said order of rejection, the petitioner filed the present Writ Petition. At the hearing, Sri Govardhan Venu, learned counsel for the petitioner, submitted that there can be no dispute about the fact that Sepak Takraw is a recognized sport and that the Corporation has illegally rejected the petitioner’s application. Sri M.Ravindranath Reddy, learned Standing Counsel for the Corporation, while fairly admitting that Sepak Takraw is a recognized sport, however, stated that the petitioner is not eligible to apply as he does not satisfy the criteria stipulated in Clause 3(f) of the Notice and the guidelines issued by the Corporation for appointment of LPG Dealers. To appreciate the aforesaid contention, it is useful to reproduce the said clause hereunder: “Cl.3(f) Outstanding Sports Persons Category (OSP):- The following persons will be eligible: i) Arjuna/Khel Ratna Awardees. ii) Winners of Medal at Olympics/Asian/Commonwealth Games and Recognized World Champions/World Championships. iii) National Champions under the Recognized National Championships. iv) National Adventure Awardees. Candidates applying under this category should produce a certificate from the Recognized National Federation organizing National Championships (as recognized by Department of Youth Affairs and Sports, Government of India) or from the Department of Youth Affairs and Sports, Government of India. The criteria of Educational Qualification will not be applicable for OSP categories”. It is not the pleaded case of the petitioner that he has won any of the awards or championships as mentioned in the above condition. Even though Sepak Takraw is a recognized sport, that by itself is not sufficient for the petitioner to apply under the OSP category unless he satisfies the criterion prescribed in the above clause. Admittedly, the petitioner does not satisfy the above criteria, though he is a player in Sepak Takraw, which is a recognized sport. In this view of the matter, even if the petitioner’s application was rejected on a wrong ground, no relief can be granted to the petitioner. Admittedly, respondent No.3 is an eminent Badminton Champion, who satisfies the above mentioned requirement, and was awarded the said dealership. For the above mentioned reasons, I do not find any merit in this Writ Petition. The Writ Petition is accordingly dismissed. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:28-4-2010 MNR