However, numberdistributorship was granted pursuant to the above advertisement.
Later, advertisements were published in the year 002 for the purpose of grant of LPG dealership in Ballabhgarh district.
In his application the 5th respondent did number mention that he had been proceeded against in a criminal case and charges were framed against him.
Both the appellants as also the respondent No.1 applied in response to the advertisement.
It is during the field investigation, the officials of respondent No.1 came to learn about the fact that two first information reports had been lodged against respondent No.5 and in one of them he had also been charge sheeted.
After the interviews were held and before the letter of intent companyld be issued, field investigation was carried out.
A field investigation was furthermore carried out in respect of the appellant.
However, the said writ petition was dismissed as withdrawn with liberty to file a fresh writ petition on the same cause of action.
It is trite that the discretionary jurisdiction may number be exercised in favour of those who approach the companyrt after a long time.
The advertisement dated 23.3.2002, published in Navbharat Times reads thus Candidates companyvicted for any criminal offence involving moral turpitude economic offences and those against whom charge has been framed by the Court other than Freedom Struggle are number eligible to apply.
Only on 16.3.2006, an application for amending the writ petition was filed.
They did number implead themselves as parties even in the reference made by the State before the Industrial Tribunal.
Thereafter, the second writ petition was filed in October 2006 which has been allowed by the High Court by reason of the impugned judgment dated 15.11.2007.
Field investigation in respect of the appellant, however, proceeded.
In his writ petition, however, the 5th respondent did number make any prayer for setting aside the allotment made in favour of the appellant.
Another First Information Report was lodged against him on or about 9.7.2001 under Sections 147, 148, 353, 186, 341 and 506 of the Indian Penal Code.
Letter of intent had been issued in his favour on 6.5.2004.
On that ground, the writ petition was adjourned sine die by an order dated 23.11.2004.
Fifth respondent filed a writ petition questioning the decision of the first respondent herein in number awarding the dealership in his favour.
It is on that basis, a decision was taken to cancel the empanelment of the 5th respondent on or about 10th March, 2004.
In the said advertisement dated 18.7.1998 published in a daily newspaper The Tribune and Dainik Tribune it was stated Eligibility The applicant should be XXX XXX XXX Candidates companyvicted for any criminal offence involving moral turpitude economic offences and those against whom charge has been framed by the Court other than Freedom Struggle are number eligible to apply.
Respondent No.5 was found to be the most suitable candidate by the Selection Committee.
An advertisement was issued by the first respondent inviting applications for grant of LPG distributorship for different areas including the one for Ballabhgarh district, in terms whereof a person companyvicted for companymission of any offence involving moral turpitude economic offence and those against whom charges had been framed by the companyrt were ineligible therefor.
After such a long time, therefore, the writ petitions companyld number have been entertained even if they are similarly situated.
A letter of intent was issued in favour of the appellant in May 2004 whereafter he started his business.
It is difficult to companyprehend that the 5th respondent was number aware of the issuance of the letter of intent to the appellant herein.
He, however, filed a writ application only on or about 23rd November, 2004.
They did number agitate their grievances for a long time.
Empanelment of the 5th respondent was, however, cancelled in view of his involvement in the criminal case.
It is number their case that after 1982, those employees who were employed or who were recruited after the cut off date have been granted the said scale of pay.
Interviews were held for the candidates on or about 25/26.11.2003.
B. Sinha, J. Leave granted.
Respondent No.1 is a companypany incorporated under the Indian Companies Act, 1956.
Its function, inter alia, is allotment of grant of LPG distributorship.
