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Home Entertainment Fargo Season 5 – Is Officially Release Date Is Out or Not...
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Fargo Season 5 – Is Officially Release Date Is Out or Not ?
Fargo is a wonderful criminal thriller that captures the interest of the audience from the first episode to the last. The show Fargo is excellent, and if you've binge-watched every season, you're well aware of that.Fargo Season 5?
After four seasons on the air, a fifth season is now in production. The most current season, which began airing on September 27, 2020, and ended on November 29, 2020, was the fourth season.
However, even if we haven't seen the program in a while, we know that it is still called Fargo. The Fargo television series has a broad ensemble of characters who deal with a wide range of crimes throughout a number of different historical periods.
A connection to the Midwest of the United States of America is the only thing they share in common. On the other hand, each season has its own storyline that is developed during the season.
Fargo is an American dark comedic criminal drama television series created by Noah Hawley, who also serves as the show's director and principal screenwriter.
Date for the Premiere of Fargo Season 5
It is still unclear when the second season of Fargo will premiere, and no official announcement has been made.
If you've been following the program since its inception, you'll be aware that production on the fourth season was interrupted in March 2020 due to the COVID-19 epidemic that affected the world.
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It was originally planned for the season to air on April 19, 2020, however that date has now been pushed back. Aside from that, the seasons were broadcast over a significant amount of time.
Although no release date has been established, it looks that we will have to wait a long time, we do have some further information. During his panel talk at SXSW, Hawley mentioned that he planned to "get to it in the next year."
Noah Hawley, the show's creator, has confirmed that season five will take place, but that there will be a sabbatical in between. 'It will happen,' he said, "but I'm not at a place where I'm writing about it yet, but I'm really enthusiastic to do one on some level."
Stars in the Fifth Season of Fargo
A new story or storyline thread with unique new elements is introduced in each episode of the Fargo series.
The cast members of the new season 5 are not yet known, and we won't know who they are until the season is officially announced, but we expect the following actors to return for the new season:
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Carol Coon is a woman who works in the entertainment industry. Chris Rock is a comedian and actor who is most known for his role as Chris Rock in the film Chris Rock: Born to Run.
Colin Hanks is an actor who has appeared in several films.
Martin Freeman is a film actor who is well-known for his role in the film The Great Gatsby (2001). Jessie Plemons is a musician from the United Kingdom. Actor and director Ewan McGregor has signed a new deal with Fox Searchlight Pictures to star in a new film based on his life.
Billy Bob Thornton is a well-known actor who has been in a number of films, including
Jean Smart is a woman that has a lot of wit and intelligence.
Additionally, there will be characters from the previous season in addition to those introduced in this one.
Update on the Plot of Fargo Season 5
A new story to tell and new members to meet, as previously indicated, are constantly on the horizon. We'll have to wait for Hawley's formal comment on the future plot till the next season premieres to find out more about it.
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Published Tuesday January 20 2009 11:59 pm.
Latest videos from the White House, Washington D.C.
Donald John Trump (born June 14, 1946) is the 45th President of the United States, an American businessman, television personality, and politician.
Trump was born and raised in Queens, New York City, and earned an economics degree from the Wharton School of the University of Pennsylvania. He then took charge of The Trump Organization, the real estate and construction firm founded by his paternal grandmother, which he ran for four and a half decades until 2017. During his real estate and business career, Trump built, renovated, and managed numerous office towers, hotels, casinos, and golf courses. He has lent the use of his name for the branding of various products and properties. He owned the Miss USA and Miss Universe pageants from 1996 to 2015, and he hosted The Apprentice, a reality television series on NBC, from 2004 to 2015. As of 2017, Forbes listed him as the 544th wealthiest person in the world (201st in the United States) with a net worth of $3.5 billion.
Trump first publicly expressed interest in running for political office in 1987. He won two Reform Party presidential primaries in 2000, but withdrew his candidacy early on. In June 2015, he launched his campaign for the 2016 presidential election, and quickly emerged as the front-runner among 17 candidates in the Republican primaries. His final opponents suspended their campaigns in May 2016, and in July he was formally nominated at the Republican National Convention along with Indiana governor Mike Pence as his running mate. His campaign received unprecedented media coverage and international attention. Many of the statements that he made in interviews, on social media, and at campaign rallies were controversial or false.
Trump won the general election on November 8, 2016, in a surprise victory against Democratic opponent Hillary Clinton. He became the oldest and wealthiest person to assume the presidency, the first without prior military or government service, and the fifth elected with less than a plurality of the national popular vote. His political positions have been described by scholars and commentators as populist, protectionist, and nationalist.


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The importance of safe and good quality equipment and gear cannot be undermined in any outdoor adventure program. For this reason, we maintain our own equipment like specialized static and dynamic ropes, harnesses, carabineers, ascenders, descanters, life jackets, helmets, mittens, etc. All equipment purchased and used follows international safety standards in terms of quality & usage. The equipment is carefully chosen and tested by our outdoor experts before it is approved for use in the field thereby ensuring total safety. Our suppliers have a service track record of more than 20 years and are ISO certified.
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We put clotted cream on top of the jam because we're proud of it, not ashamed of it, says Trewithen Dairy boss Bill Clarke
That should settle it once and for all
Forget taste and appearance. Forget the scientifically-proven fact that jam is obviously spread on scones first because it acts as the glue that will keep the clotted cream in place. For one man who knows all about the Cornish delicacy there's only one reason why the stuff should go on top.
His reason? Pride of course.
Bill Clarke is the founder and chairman of Trewithen Dairy near Lostwithiel in the Glynn Valley.
For him, there is no conflict possible when it comes to the age-old argument between Devon and Cornwall with regards to making the perfect cream tea.
Bill Clarke is the founder and chairman of Trewithen Dairy near Lostwithiel (Image: Trewithen Dairy)
For Cornish Farm Dairy Limited (which trades as Trewithen Dairy), one of Cornwall's biggest producers of clotted cream, if you're proud of your products, you simply have to show them off.
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"Of course the cream goes on top. Don't they know anything?" Mr Clarke said. "Without wanting to denigrate anyone, we're not ashamed of our clotted cream in Cornwall. In fact we're extremely proud of our clotted cream. Why would we want to hide it? We want to show it off. That's why it obviously goes on top."
This is from a man who has successfully built up a £32m turnover family dairy business out of the Glynn Valley over the past 40 years and now sells milk, cream and clotted cream to all six big supermarkets as well as to the German discounter Lidl and every Cornish food or ice cream producer in the county.
Mr Clarke is a man who knows about clotted cream, about provenance and taking pride in the family business he has built over the past four decades and now provides employment for 150 people.
The Trewithen Dairy founder was speaking to Cornwall Live about the state of the dairy farming industry, the consequences of a possible merger between supermarket giants Asda and Sainsbury's and the opportunities it may offer, or again about his lack of worry about Brexit , when he made the tongue-in-cheek comment about the jam / clotted cream first debate.
The full interview with Bill Clarke and his insight in the dairy farming sector, is below.
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When did Trewithen Dairy start and how?
My wife Rachel and I both come from dairy farming stock. Our grandparents were dairy farmers. We had a herd of cows which we increased to about 300 in the eighties.
We felt restricted by milk quotas and we wanted to grow our business. We started making clotted cream and I went out there to find us some customers who'd buy it. It was a time when there was a growing interest in where food comes from and how it is produced. It was also when there was a huge increase in popularity of Brand Cornwall.
We dived right into that.
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When we started making clotted cream in 1994, there was a growing awareness about Cornish produce. We were delivering what people wanted. Customers were pleased that what they were buying came from a local farm in Cornwall . We got the timing right and that's how we managed to grow the business.
In fact we grew like crazy until we sold our cows. That's when the real growth happened.
Why did you sell your cows when you are a dairy business?
In 1999 we started buying milk from a dairy farmer friend down the road. It was a natural thing to happen. It had become too complicated to have a dairy farm and process the milk. Everything we were offering my friend was doing too as a dairy farmer. But as soon as the cows went the business really expanded.
It really allowed us to grow until 2007 which is when Francis my son came into the business. In 2010 our other son joined us too.
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Are your other children involved in the business too?
One is a nurse in America and the other one works for Innocent fruit juices in London.
How much milk does Trewithen Dairy produce?
We produce some 250,000 litres of milk a day which is about 85m litres a year. That makes us the biggest bottler of milk in Devon and Cornwall. In 2010 we made a £12m investment into a brand new facility.
Trewithen Dairy is on the lookout for new farmers (Image: Mike Searle)
It has helped us enjoy significant volume growth. We have enjoyed between 10% and 15% organic growth since then but in the last 12 months we have grown by 40% which is why we have launched a recruitment drive to recruit more dairy farmers.
How do you explain such growth?
The general market place changed as a result of Muller acquiring Wiseman Dairies. That changed the background. People like Lidl don't often change suppliers but they opened this massive depot near Exeter and that led them to have a look at other suppliers than their usual ones.
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They looked at what we were offering and we ticked all the boxes for them. They were pleased to have someone on board other than the main two suppliers. Now we supply all their stores in the South West.
What's the key to Trewithen Dairy's ongoing success?
We have a small range of products but we do them very well. That has remained our attitude since 1994. Quality is the key word for us. Get products onto the shelves, get the flavours right and keep everyone happy.
Trewithen Dairy farm near Liskeard
Milk represents 61% of the business while cream including clotted cream is 19% of the business and yoghurt 1%. Liquid milks yields the cream which is then turned into an added value product that delivers the margins which help us grow.
Is Cornish provenance really that important to your business and your customers?
It's not just important, it's essential. Especially with clotted cream. There is so much passion around it. And of course the cream goes on top. Don't they known anything? Without wanting to denigrate anyone, we're not ashamed of our clotted cream in Cornwall. In fact we're extremely proud of our clotted cream. Why would we want to hide it? We want to show it off. That's why it obviously goes on top.
With cream we need to add more value to it. That means developing our brand better especially for people who want Cornish clotted cream.
Who are your customers?
We may have a small range of products but we have a huge range of customers. National retailers represent 49% of our customers.
We supply all the major supermarkets with milk they sell under their own labels. These customers are important as we need to have the volume necessary enough economies of scale, efficiencies and allows us to build our brand.
There is absolutely nothing wrong with what you see in this picture. It is the proper way to do it.
Local independent customers represent 30% of our customers. That's everyone from local corner shops to hotels, restaurants, food manufacturers, or whole sellers.
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We sell our milk and cream to Kelly's ice cream and other fudge makers and bakers.
I started selling milk and cream to Kelly's in 1995. They're one of our oldest customers in fact. We've grown together as companies. Back then it was just a local guy in Bodmin.
Now they're the fifth biggest brand of ice cream in the UK. We also sell to Samworth Brothers, who own Ginsters. They also own Tamar Food and make cakes with our milk and cream.
We always get visits from people who want to sell products made with Cornish ingredients like butter in pasties. So they come here to see our focus on quality and the way we operate.
How important is the idea of provenance to Trewithen Dairy?
When people come to visit us we explain about our history, where we come from, how we treat our farmers and our staff and what our involvement in the community is. These are the things that matter to us. We're clear about our values. There is a huge amount of people who care about what we do and are prepare to join us on our journey.
The Clarke family, founders of Trewithen Dairy near Lostwithiel in the Glynn Valley (Image: Mike Searle)
It's the same with our farmers. They want to be part of this journey. They want people to care about the countryside and the county they live and work in and the way the animals are treated.
Are you planning to grow your workforce too?
We took on the staff first before we could get on with the growth we planned. They had to be familiar with our processes before we could get anything under way. Customers like Lidl have their own things to worry about. They have enough problems of their own without having to worry about whether the milk they bought in is going to turn.
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As we grew in the early days, there were a lot more dairies in the South West. Dairy Crest in Totnes, Peninsula Dairy. They all kept closing. That allowed us to grow and take on the cream of the crop in term of staff but we've run out of dairies closing.
Training at all levels is vital for us. Apprenticeships are great but that's not the biggest part of what we do. We want to offer the best training possible to all our staff and find the right training available for our staff.
At the end of the day it is our job that the milk sells. If it doesn't then what is the problem? Is it in the wrong place in the shops? Did it make it to the shops in the first place? We are all here to make sure everything is optimised and runs smoothly.
Do you think the proposed merger between Asda and Sainsbury's will have an impact on your business?
It will have an impact on us but how I don't know yet. We sell to Asda. We have a close relationship with them. We do some business with Sainsbury's but I hope that the merger will lead to us knowing them better. It could be good for us, there is every chance of that, as long as the combined group recognises us for delivering what we say we deliver, we'll be OK.
Cream tea from Trewithen Dairy done the proper way - the Cornish way (Image: Anthony Greenwood)
When Safeway was still trading we used to sell quite a lot to them but after they were bought out by Morrisons we stopped selling. Yet once we again sell a lot of milk to Morrisons. These things change all the time.
How many work for Trewithen Dairy?
We have 25 farmers within 25 miles but we are looking to recruit more.
How do you build such a good relationship with dairy farmers?
I used to be the chairman of the NFU in Cornwall and South West. I used to go to London as chairman of some of the committees. That helped the farmers to have confidence in us. But at the end of the day it's about how we behave as milk buyers that matters.
We ask a lot of our farmers in term of quality. It's only fair that we treat them with the respect they deserve.
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We are in a market that's volatile. The key thing we can do is pay our farmers premium prices for their milk which means that when prices are rock bottom we don't go as low as the rest. The farmers know and value that. We work with them so we all have a sustainable future.
How do you see the future for the industry?
I'm very confident. We buy and sell locally. We have a plan that's good for the next 100 years and I think we'll be the last ones standing. I have plenty of confidence in a future that's sustainable.
What are the challenges the dairy industry face?
Veganism and Brexit maybe? I think veganism is 25% the media but only 1% of the market. The dairy market is holding up very well nationally. I don't think veganism is that much of a threat.
As for Brexit, some people see uncertainty round the corner but I don't believe it is a threat to our business because at the end of the day we buy and sell milk locally and our customers value this supply chain.
We are not going to see Cornish milk and Cornish clotted cream come from France or New Zealand any time soon. I feel our mix is rock solid. It might be a worry for some farmers but we're here to reassure them.
Is Trewithen Dairy going to stay a family business?
I'm making everything I can to ensure that we stay a family business. We're not averse to acquiring other dairy businesses if it fits our strategy. But we're not for sale that's for sure.
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We've had a strategy put in place by Francis and George for the past seven years and I'm pleased to see that we haven't wavered.
How bad has the poor weather been on your business?
Because of the prolonged cold wet weather the spring flush that sees all the cows produce more milk has been pushed back.
Bill Clarke, founder and chairman of Trewithen Dairy, indulging his passion for waterskiing in Par Bay (Image: The Clarke Family)
It has not led to a drop in the price of milk which can only be good but we know that it has been tough on farmers who have had to spend more money on silage and straw.
What do you think of the plastic free surge?
We care about plastic. I'm excited about improving the recyclable rate. Five years ago we invented a process to compost milk bottles. Sadly we were five years too early and it didn't work out. 50% of plastic bottle sin the industry get recycled, I want to see that rate go up to 90%.
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We are working towards finding ways to achieve that. But I don't believe that glass is the answer. It would increase the number of lorry journeys on the roads as it is a lot heavier that plastic. Then trucks would come back with empties. You would use more water cleaning the glass. There is also a greater risk of breakage and safety concerns.
What about Bill Clarke's future?
I've been the boss of this business for 40 years. While I'm very comfortable letting my sons be the boss I have great pride and pleasure in seeing them do that. In fact I can't believe how good it is. Yet I'm not completely ready to retire. The recruitment of farmers for instance. I like looking after it. It's my baby.
And finally, when not busy recruiting farmers or expanding a massive dairy business, what do you like doing?
I love water-skiing and wake surfing. We do it in Par Bay as a family. Back in 79 we went to Derby as a farmers' exchange programme thing and they took us to a local lake to do some water-skiing. I got completely hooked and I have loved doing ever since.
The Co-operative

redpajama_set_name: RedPajamaCommonCrawl


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AIR 2003 SC 2562 :
Transfer Case (civil) 80 of 2002
PETITIONER: Onkar Lal Bajaj etc. etc.
RESPONDENT: Union of India & Anr. etc. etc.
DATE OF JUDGMENT: 20/12/2002
BENCH:
Y.K. Sabharwal & H.K. Sema.
J U D G M E N T
[With T.C. (C) Nos.81 to 88/2002, 90/2002 & 91/2002, I.A.
Nos.246-2556 in TP (C) No.417-423/2002]
[With Contempt Petition (C) No.556/2002 IN TP (C) Nos.417-
423/2002] [With T.C. (C) Nos. 100-109 of 2002]
Y.K. Sabharwal, J.
The marketing of petroleum products has been quite a lucrative business. The four public sector oil companies - Indian Oil Corporation Limited (IOC), Bharat Petroleum Corporation Limited (BPC), Hindustan Petroleum Corporation Limited (HPC) and IBP Company Limited (IBP) control the marketing of the said products. We are concerned with the marketing of petrol and diesel, Superior Kerosene Oil (SKO), Light Diesel Oil (LDO) and Liquefied Petroleum Gas (LPG). The challenge in these matters is to the validity of the order of the Government of India dated 9th August, 2002 whereby all allotments made with respect to retail outlets, LPG distributorships and SKO-LDO dealerships on the recommendations of the Dealer Selection Boards (DSBs) since 1st January, 2000 were decided to be cancelled.
In past also allotments of retail outlets for petroleum products were cancelled by this Court after coming to the conclusion that the allotments made were arbitrary, on account of political connections/motivation and extraneous considerations. The tainted allotments were also cancelled by various orders of High Court of Delhi. The allotments which were on merits and not tainted were not ordered to be cancelled. It is a matter of co-incidence that exactly seven years ago i.e. in August, 1995 on the front page of Indian Express a news item appeared regarding the grant of retail outlets for petrol pumps on account of political and other connections.
Now, in August 2002, i.e., exactly seven years later again news item appeared on the front page of same newspaper about allotments to the near and dear ones of the political functionaries attributing the same on account of political considerations. In Common Cause, A Registered Society v. Union of India & Ors. [(1996) 6 SCC 530], this Court observed that for these allotments, a transparent and objective criteria/procedure has to be evolved based on reason, fair play and non-arbitrariness. Always, many have been in race for getting these dealerships/distributorships. From September 1977, a uniform procedure for selection of persons for appointment as dealers/distributors applicable to all the public sector oil marketing companies was introduced by the Government. The dealers were earlier selected from amongst the applicants by a selection committee comprising senior officials of the oil companies. The applications were invited from interested persons by advertising the available dealerships in the newspapers.
In the year 1983, the Central Government constituted two member Oil Selection Boards comprising of a retired High Court Judge as Chairman and a retired Civil Servant as a member. In the year 1990, one prominent member of public importance was also included in the said boards. In January 1993, the composition of the Oil Selection Board was a retired High Court Judge as Chairman and a representative of Scheduled Castes/Scheduled Tribes/Other Weaker sections and a prominent public figure as members. The name of the board was later changed to 'Dealer Selection Board'. The guidelines were updated and notified in October 2000 by Ministry of Petroleum and Natural Gas in* terms of Office Memorandum dated 9th October, 2000. According to these guidelines, the DSBs have the following composition :
"i) A retired judge of a High Court retired District Judge/retired Additional District Judge/retired Officer who had held an Equivalent Judicial post Chairman
ii) An Officer of the concerned Oil Cmpany not below the rank of Deputy General Manager or Chief Manager depending on Availability - Member
iii) An officer of another Oil Company not below the rank of Deputy General manager or Chief Manager depending on availability - Member"
The guidelines provide detailed procedure for selecting candidates for appointment as dealers/distributors. A total of 59 DSBs were constituted in June-July 2000 and afterwards. These DSBs were entrusted the task of selections for the retail outlets, LPG distributorships and SKO-LDO dealerships. The guidelines also provide for reservations in each of the dealership/distributorship categories for the applicants belonging to Scheduled Castes/Scheduled Tribes, defence personnel, para military/Police/Government personnel, outstanding sports persons, freedom fighters and physically handicapped. Each of these categories as also in the remaining 50% for open categories, 33% of the dealerships/distributorships were reserved for women.
The dealerships/distributorships sites for marketing of petrol/diesel or LPG or SKO-LDO are of two types Company Owned and Dealer Operated (CODO) and Dealer Owned and Dealer Operated (DODO).Under the former category, the land, superstructure standing thereon and other facilities such as underground product tanks, dispensing units, other ancillary equipments etc. are owned by the oil companies and business operations are carried on by the dealer/distributor and under the latter category, the land is either owned or held on lease hold rights by the dealers/distributors. The superstructure, except the product tanks, dispensing units and other ancillary equipment in the case of petrol/diesel retail outlets and cylinders and regulators in the case of LPG, is owned by the dealers/distributors. In the case of dealership/distributorship allotted to the candidates belonging to Schedules Castes/Scheduled Tribes and widows over 40 years of age, the land and the superstructure thereon are owned by the oil companies, expenditure on which is made from a fund created and maintained by the oil companies known as the Corpus Fund.
The guidelines dated 9th October, 2000 were issued, as stated therein, to provide transparent, uniform, fair and faster procedure for selection of suitable candidates as dealers/distributors. The educational qualifications for reserve categories, other than freedom fighters and outstanding sport persons, were matriculation or recognized equivalent. The educational qualifications were, however, not applicable for freedom fighters and outstanding sport persons. The guidelines also provide that the gross income of the candidate should not exceed Rs.2,00,000/- per annum in the previous financial year. The income for this purpose will include that of self, spouse and dependent children. If the candidate is dependent on parents, then their income was also to be taken into consideration for computing total income. A candidate having income of more than Rs.2,00,000/- per annum is disqualified under the guidelines. It seems that with a view to minimize the scope of interference and keep secret, as far as possible, a clause in the guidelines was incorporated stating that the nomination of the oil company officer as a member of DSB for a round o f selection at a particular location will be made by theExecutive Director or Director (Marketing) of the concerned oil company not earlier than 48 hours from the date of starting the interviews at a particular location. In respect of the tenure of Chairman, the guidelines provide that it will be for a period not exceeding two years, further, however, providing that the Chairman shall hold office during the pleasure of the Government and his services can be dispensed with even before the expiry of the tenure without giving any notice and without assigning any reason. Norms for evaluating the candidates to judge their inter se suitability for all categories have also been provided. One of the guidelines is that after completion of the interviews, board shall not adjourn till such time the merit panel is finalized. It is also provided that the DSB shall recommend to the oil companies a panel of maximum three names for a particular dealership/distributorship immediately after the interviews are over. The merit panel will be finalized, signed and handed over by the Chairman, DSB in a sealed envelope to the non-member secretary or the officer deputed by him who will forward the merit panel to the Regional Executive Director/General Manager of the concerned oil company within 24 hours. A time frame for selection of dealer/distributorship of 145 days from the date of advertisement has been set out in the guidelines providing that within 129 days from the notice of advertisement, the selection shall be made and remaining 16 days, as provided therein, for forwarding the panel to the oil company, submitting of field investigation report by the oil company and issue of LOI after completion of the field investigation report. A mechanism for grievance redressal system has also been provided for to consider the complaints against selection of dealers/distributors.
The guidelines laid down a detailed procedure. Despite the guidelines, according to the media report, certain allotments were on account of political patronage. In these matter, the guidelines can never be a foolproof and it depends on those who have to follow the same. The real question to be considered in these matters is whether on account of controversy regarding alleged tainted selections of certain applicants, can the entire selections of all applicants of all categories made by all selection boards from January 2000 be annulled.
The DSBs, under the aforesaid guidelines, till date of their dissolution, i.e., 9th May, 2002, against a total number of 7000 dealerships/distributorships, advertised 5641 locations out of which merit panels were published for 3760 locations. The letters of intent (LOI) were issued to 3546 successful applicants. The agreements were signed between oil companies and LOI holders in 2248 cases. These are operational outlets. The remaining LOI holders were in process of completing requisite formalities when the impugned order was issued.
On 2nd August, 2002, Indian Express carried, on its front page, a story with certain names attributing political patronage in grant of dealership/distributorship. The newspapers also carried editorials. The insinuations made were that the allotments were made to the Members of Parliament, Assembly, party workers of political party in power, their r elatives etc. The resignation of Minister for Petroleum and Natural Gas was sought by political parties in opposition. The questions were raised on the floor of the Parliament. The proceedings of the House were also stalled.
In view of the controversy, review was done by the Prime Minister on 5th August,, 2002 in which the Deputy Prime Minister, Minister for Petroleum and Natural Gas, Minister for Parliamentary Affairs participated amongst others. In view of the controversy regarding the allotments, the Prime Minister directed the Ministry of Petroleum and Natural Gas to initiate steps to cancel all allotments made with effect from January 2000 till date. The press release issued by Press Information Bureau and sent to the oil marketing companies reads as under :
"The Hon'ble Prime Minister today reviewed the allotment of Petrol Pump and LPG Gas and Kerosene Agencies by public sector Oil Companies. It was emphasized that all allotments had been made on the recommendations of Dealership Selection Boards which are headed by retired Judges. However, since a controversy has arisen with regard to these allotments, the Prime Minister has directed the Ministry of Petroleum & Natural Gas to initiate steps to cancel all allotments made with effect from January 2000 till date. All concerned petrol pumps and LPG and Kerosene agencies will be auctioned on the basis of Competitive Bidding. Modalities for the Re-allotment on competitive bidding shall be finalized by the concerned Ministry. However, the allotments made to the families of Kargil Martyrs shall remain unaffected by this."
The effect of the aforesaid decision was the cancellation of all the merit panels numbering 3760 that had been prepared by the DSBs after considering thousands, if not lacs, of applications and after interviewing thousands of applicants. All those selected by the DSBs, except 214, had been issued LOI. As earlier noticed, in 2248 cases agreements had been executed between oil companies and LOI holders. This means that 2248 dealerships/distributorships were already operational. A formal order was, however, issued by the Government of India, Ministry of Petroleum and Natural Gas on 9th August, 2002. That order reads as under :
"The Government has recently reviewed the allotments made since January 2000 of Petrol Pumps, LPG distributorships and SKO LDO dealerships of Public Sector Oil Companies. The allotments were recommended by the Dealer Selection Boards as per Government's guidelines dated 9th October, 2000. However, a controversy has arisen with regard to the allotments. The issue was raised in the Parliament. The functioning of the DSBs and their recommendations were also discussed. In view of this Government reviewed the matter. Having considered the facts and circumstances as also to ensure fair play in action, the Government in the public interest have now decided that all allotments made with respect to retail outlets. LPG distributorships and SKO LDO dealerships on the recommendations of the Dealer Selection Boards since 1st January 2000 be cancelled. It has further been decided that all annulled petrol pumps, LPG distributorships and kerosene dealerships may be auctioned on the basis of competitive bidding.
2. You may, in view of the above, take necessary action in the matter to :
(a) cancel all the petrol pumps LPG distributorships and kerosene dealerships made on the recommendations of DSBs since 1.1.2000 forthwith.
(b) make alternate arrangements to that consumers are not put to any difficulties till the appointment of new dealers/distributors and
(c) settle the above petrol pumps, LPG distributorships and kerosene dealerships on the basis of auction through competitive bidding modalities for which be worked out by the Government.
3. The above decision will not be applicable to the allottees under Operation Vijay scheme."
Number of writ petitions were filed in various High Courts challenging the legality of the order dated 9th August, 2002.
A transfer petition was filed by the Union of India in this Court. Considering that the impugned order affects large number of dealers and distributors all over the country which led to filing of numerous writ petitions in different High Courts, this Court on 28th August, 2002 observed that the legal points in issue should be expeditiously decided by transfer of representative cases to this Court for adjudication. The Court, therefore, directed the transfer of certain writ petitions from the High Courts of Delhi, Rajasthan, Madhya Pradesh, Bombay and Gujarat to this Court. In respect of 2248 dealerships/distributorships, status quo as on 9th August, 2002 was directed to be maintained. It was directed that they shall continue to operate the dealerships/distributorships in accordance with the terms of contracts/agreements entered into between them and the oil companies concerned. In respect of 1298 cases where LOI had been issued but retail outlet/gas agencies had not been commissioned, this Court directed that the said LOI shall not be allotted or transferred to any person during the pendency of the petitions. In terms of orders dated 10th November, and 22nd November, 2002, certain other writ petitions filed in the High Courts wherein allottees were of the category whose cases had been highlighted in the newspaper were transferred as another category of representative cases. A large number (over 2300) intervention applications have been filed by different category of persons, i.e., (1) those with whom agreements have been entered into by the oil companies; (2) those to whom the LOIs have been issued by the oil companies but outlets have not been commissioned; and (3) those who are on select panel but LOIs have not been issued.
We have heard learned counsel for the petitioners and interveners in support of their challenge to the impugned order and learned Solicitor General in defence thereof.
The entire matter triggered of as a result of media exposure. As already noticed, the front page of Indian Express carried the lead story on 2nd August, 2002 attributing political patronage in grant of allotments on political considerations. The newspaper for 2nd August published a list of 61 allottees from Maharashtra with their names and the alleged political connections and the positions held by the allottees and their relatives. The newspaper of 3rd August, 2002 carried the names of 34 allottees from Punjab and Himachal Pradesh with their political positions and/or connections. The newspaper of 4th August carried similar news in respect of 21 allottees from the State of Haryana. The newspaper of 5th August, carried the similar particulars in respect of 44 allottees from the State of Uttar Pradesh. The first name published was that of one Aparna Misra alleging that her husband is a relative of the Prime Minister and the address given is the same as that of the Prime Minister's residence in Lucknow.
Thus, upto 5th August, the newspaper carried the names of 160 allottees from the States of Maharashtra, Punjab, Himachal Pradesh, Haryana and Uttar Pradesh attributing political patronage in their selection by the DSBs. The decision to cancel all allotments was also taken on 5th August, 2002, as earlier noticed. The effect of the decision was on 3760 persons whose merit panels had been published by the DSBs. The only reason for cancellation on 5th August was that a 'controversy' had been raised relating to the allotments. Although, the media exposure hinted of more such names but only 160 names had been published in Indian Express upto the date of the decision to cancel the allotments. It does not appear that the Government had with it on 5th August, the basic facts as to the total number of the persons that had been selected; total number of dealerships/distributorships which were operational; number of cases where LOI had been issued but agreements on completion of formalities had not yet been entered into; the different categories of the selected candidates and categories of those 160 allottees open or reserved and which of the reserved category. In short, it seems that the Government did not have with it the necessary data so as to consider the impact of en bloc cancellation directed on 5th August, 2002 on account of a 'controversy' raised pertaining to few cases. The 'controversy' that had been raised upto 5th August was in respect of less than 5% of the total numbers of merit panel published. Between 6th and 9th August, Indian Express carried the particulars of alleged tainted allottees numbering 104. Between 10th August and 24th August, the particulars of 153 such allottees were published. The total number of the alleged tainted allottees that has been published in Indian Express is 417 which is little over 10% of the total selections made. We are not suggesting, for the present, that allotments to allotments to all or any of the persons whose names have been published in the Indian Express have been made due to political connections or patronage but assuming it is so, would it justify the cancellation of allotments of all those on published merit panel in respect of whom, there is no such insinuation. Is the number of the alleged tainted allottees of such a magnitude that the fair play demanded cancellation of all en masse? Did anybody apply mind as to whether the insinuations of political connection/patronage were at least prima facie of any substance? Is such a drastic action, on the facts and circumstances of the case, not arbitrary, whimsical and, thus, unsustainable? The answer to these questions would help in determining the legality of the impugned order dated 9th August, 2002.
Mr. Kirit Rawal, learned Solicitor General, candidly admitted that none of individual cases was examined and gone into before decision was taken on 5th August, 2002/9th August, 2002.
Learned counsel representing the petitioners and also learned counsel representing interveners submit that the en masse cancellation of allotments is clearly an arbitrary exercise of executive power without any justification therefor. The impugned order is contended to be wholly arbitrary and unconstitutional being violative of Article 14 of the Constitution of India.
On the other hand, learned Solicitor General contends that, in fact, the course of action adopted by the Government, in the present case, is worthy of commendation and calls for no intradiction. The impugned decision, learned counsel submits, was taken with a view to ensure probity in public life as doubts over fairness of selection of certain candidates had been raised, the proceedings of the Parliament had been stalled on account of the controversy and, therefore, the Government, in order to uphold probity in governance, ensure fair play in action and in larger public interest, took a decision to cancel all allotments of retail outlets, SKO-LDO dealerships and LPG distributors made since January 2000 by the public sector oil companies on the basis of recommendations made by the DSBs except the cases of allotment made under the special scheme for allotment of retail outlet dealerships/LPG distributorships to the widows/next of kin of the defence personnel killed in action in "OP Vijay" (Kargil) under the recommendations received from Director General (Settlement), Ministry of Defence, Government of India and not through DSBs. Counsel contends that it was further decided that all annulled retail outlet dealerships, LPG distributorships and SKO-LDO dealerships would be auctioned on the basis of competitive bidding.
Learned Solicitor General also contends that for the enforcement of contractual rights, the writ petition is not the appropriate remedy. Reference was made to the terms of the agreement entered into between the dealers/distributors and the oil companies after selection. The contention is that the agreements could be cancelled without assigning any reason and for redressal of the alleged illegality in cancellation of the agreements, the resort to the writ jurisdiction was not permissible and was ill-founded.
The petitions, it is contended, are nothing but a disguise suits under the Specific Relief Act despite the fact that contract would not be enforceable even under the said Act. Thus, it is contended, that the petitioners have no legal right that can be enforced under Article 226 of the Constitution of India.
There is no merit in the contentions of learned Solicitor General. It is evident from the facts that the cancellation of the agreements is not for violation of any term thereof. The cancellation is on account of a policy decision taken by the Government as noticed hereinbefore. The cancellation is not on account of any uniform reason applicable to all the selectees or those who have been issued LOIs or with whom agreements have been entered into except that in respect of few others and not this class of petitioners, media exposure was made. In the present case, on principle, there would be no difference in respect of those selectees who have been issued the LOIs but are awaiting the execution of the agreement on completion of formalities. The execution of agreement is not being denied on account of any ineligibility of any such LOI holders or any discrepancy having been found in what was required to be fulfilled by them. We are not concerned with any such individual case. Therefore, the cases of LOI holders are no different in comparison to those cases where agreements have been entered into. Similar is the position of those who are on published merit panels and were awaiting issue of LOIs by the oil companies when the impugned decision was taken. For the present controversy, they are all in same position except those who may come in the category of alleged tainted class which aspect we would deal later.
Article 14 guarantees to everyone equality before law. Unequals cannot be clubbed. The proposition is well settled and does not require reference to any precedent though many decisions were cited. Likewise, an arbitrary exercise of executive power deserves to be quashed is proposition which again does not require support of any precedent. It is equally well settled that an order passed without application of minddeserves to be annulled being an arbitrary exercise of power. At the same time, we have no difficulty in accepting the proposition urged on behalf of the Government that if two views are possible and the Go vernment takes one of it, it would not be amenable to judicial review on the ground that other view, according to the Court, is a better view.
The decision in The Bihar School Examination Board v. Subhas Chandra Sinha & Ors. [(1970) 1 SCC 648] has been relied upon by learned Solicitor General in support of the contention that allotments could en masse be legally cancelled without individually examining each case and without affording an opportunity to all concerned to represent their cases. Paras 12 and 13 on which reliance has been placed read :
"12. These figures speak for themselves. However, to satisfy ourselves we ordered that some answer books be brought for our inspection and many such were produced. A comparison of the answer books showed such a remarkable agreement in the answers that no doubt was left in our minds that the students had assistance from an outside source. Therefore, the conclusion that unfair means were adopted stands completely vindicated.
13. This is not a case of any particular individual who is being charged with adoption of unfair means but of the conduct of all the examinees or at least a vast majority of them at a particular centre. If it is not a question of charging any one individually with unfair means but to condemn the examination as ineffective for the purpose it was held. Must the Board give an opportunity to all the candidates to represent their cases? We think not. It was not necessary for the Board to give an opportunity to the candidates if the examinations as a whole were being cancelled. The Board had not charged any one with unfair means so that he could claim to defend himself. In these circumstances, it would be wrong to insist that the Board must hold a detailed inquiry into the matter and examine each individual case to satisfy itself which of the candidates had not adopted unfair means. The examination as a whole had to go."
The cited decision relates to cancellation of cheating by en masse copying by the students. The aforequoted observations were made after examining percentage of the marks obtained and compared with the average of successful candidates at other centers, as is evident from the facts noticed in para 11 which reads thus :
"This brings us to the crux of the problem. The High Court interfered on the ground that natural justice and fair-play were not observed in this case. This was repeated to us by the respondents in the appeal. A mention of fair-play does not come very well from the respondents who were grossly guilty of breach of fair-play themselves at the examinations. Apart from the reports of the experts, the results speak for themselves. At the other centers the average of successful candidates was 50%. At this centre the examinations had the following percentage :
1. Mother Indian Language .. 94%
2. English .. 70%
3. Social Studies .. 95%
4. Everyday Science .. 90%
5. Elementary Mathematics .. 100%
6. Economics and Civics .. 92%
7. Elementary Physiology & Hygiene .. 96%
8. Geography .. 99%
9. History .. 88%
10.Physics .. 70%
11.Chemistry .. 100%
12.Advance Mathematics .. 99%
13.Sanskrit .. 100%"
Noticing that all the candidates at the centre in question had obtained marks of more than 90%, the Court came to the conclusion that the student had assistance from an outside source. The Court had also examined the answer books. Thus, it was held that the examination was vitiated by practicing unfair means on a mass scale and, under these circumstances, it was observed that the Board could not be asked to hold a detailed enquiry into the matter to satisfy itself as to which of the candidate had not adopted unfair means and the examination had to go as a whole. The facts of the present case are altogether different. There was no examination of the allegations made in the media and also that the percentage of alleged tainted allotments was not such so as to come to the conclusion that there was en masse bungling by the 59 DSBs nor any such conclusion was reached by the respondents.
The other decision in the case of B. Ramanjini & Ors. v. State of A.P. & Ors. [2002) 5 SCC 533] cited by learned Solicitor General has also no relevance for the present controversy. That was a case where it was found that not only there was scope for mass copying and mass copying did take place, in addition to leakage of question papers which was brazenly published in a newspaper and the photocopies of the question papers were available for sale at a price of Rs.2000/- each and, under these circumstances, the Government decided to cancel the examination of the centre in question. This decision is of no assistence for the present controversy.
Mahabir Auto Stores & Ors. v. Indian Oil Corporation & Ors.[(1990) 3 SCC 752] was a case where the challenge of the appellant was to the action of the respondent, Indian Oil Corporation in discontinuing the supply of all kinds of lubricants to the appellant. One of the contention raised by the Indian Oil Corporation was that there was no written agreement with it and there was only an ad hoc arrangement which could not be enforced, particularly, in a writ jurisdiction. Rejecting the contention, this Court observed that the respondent's decision can be impeached on the ground that it is arbitrary or violative of Article 14 on any of the grounds available in public law field. It was further held that the action had to be fair and reasonable and that even in the field of public law, the relevant persons concerned or to be affected, should be taken into confidence. Whether and in what circumstances that confidence should be taken into consideration cannot be laid down on any strait-jacket basis. It depends on the nature of the right involved and nature of the power sought to be exercised in a particular situation.
Kumari Shrilekha Vidyarthi & Ors. v. State of U.P. & Ors. [(1991) 1 SCC 212] was a case in which en masse cancellation of panel of Government Law Officers was questioned before this Court. While quashing the impugned order, this Court observed that the act of terminating their appointment in one stroke was without application of mind. It was further observed that it would be too much to assume that every Government counsel was required to be replaced in order to streamline the conduct of the Government cases and indeed, that is not even the case of the State which itself says that many of them were to be reappointed. It is not the case of the respondents that most or large number of selections in the present case were tainted. In the case in hand, the only reason for the en masse cancellation was that a 'controversy' had been raised. There was no application of mind to any case. Admitted none of cases was examined. In Shrilekha Vidyarthi's case, this Court held that arbitrariness is writ large on the impugned circular. In the State action public interest has to be the prime guiding consideration. In Shrilekha Vidhartyi's case, it was held that the impugned State action was taken with only one object in view, i.e., to terminate all existing appointments irrespective of the subsistence or expiry of the tenure or suitability of the existing incumbents and that by one omnibus order, the appointments of all Government counsel in the State of Uttar Pradesh were terminated. It was also noticed that no common reason applicable to all of them justifying their termination in one stroke on a reasonable ground had been shown. The position is similar in the present case. The expressions 'public interest' or 'probity in governance' cannot be put in a State jacket. 'Public interest' takes into its fold several factors. There cannot be any hard and fast rule to determine what is public interest. The circumstances in each case would determine whether Government action was taken is in public interest or was taken to uphold probity in governance.
The roll model for governance and decision taken thereof should manifest equity, fair play and justice. The cardinal principle of governance in a civilized society based on rule of law not only has to base on transparency but must create an impression that the decision making was motivated on the consideration of probity. The Government has to rise above the nexus of vested interests and nepotism and eschew window dressing. The act of governance has to withstand the test of judiciousness and impartiality and avoid arbitrary or capricious actions. Therefore, the principle of governance has to be tested on the touchstone of justice, equity and fair play and if the decision is not based on justice, equity and fair play and has taken into consideration other matters, though on the face of it, the decision may look legitimate but as a matter of fact, the reasons are not based on values but to achieve popular accolade, that decision cannot be allowed to operate.
Now, before reverting to the contention of learned Solicitor General that the impugned order was issued in public interest so as to ensure fair play in action, the factual position of the DSBs may be noticed and a contention raised by Mr. Nariman on the basis of averments made in T.C. No.90/2002 be considered. There were 59 DSBs throughout the country. In bigger States, the number of DSBs was more. In UP, there were nine such Boards, in Maharashtra they were four DSBs, five were the boards in Andhra Pradesh, Madhya Pradesh and Bihar. On 9th May, 2002, when the DSBs were discontinued, 18 DSBs were chaired by retired High Court Judges and remaining by retired District or Additional District Judges. In Transfer Case No.90 of 2002, Mr. Nariman, learned counsel for the petitioner, contends that the entire exercise of cancellation was a result of the name of the Prime Minister's relative being involved on account of which the Prime Minister by a single politically motivated stroke, ordered en masse cancellation. Reliance has been placed by learned counsel to the allegations made in para 2.3 which are as under : "piqued and angered by the expose of the misdeeds of the Petroleum Ministry in which the name of the Prime Minister's relative was involved and the opposition creating a raw in the Parliament and paralyzing the proceedings in the Parliament, the Prime Minister in a single politically motivated stroke ordered cancellation of as many as 3158 petrol pumps, LPG agencies and kerosene oil outlets allotted across the country since January 2000 and directed the third respondent that the cancelled petrol pumps, LPG agencies and kerosene oil outlets would all be auctioned on the basis of competitive bidding and directed the Petroleum Ministry to work out the modalities for reallotment. The decision to cancel the allotments was taken by the Prime Minister at a meeting attended by the Deputy Prime Minister L.K. Advani, Finance Minister Jaswant Singh, Petroleum Minister Ram Naik, Parliamentary Affairs Minister Pramod Mahajan and Information and Broadcasting Minister Sushma Swaraj. The Prime Minister refused to wilt under pressure from a Section of the party to brazen it out and had final say deciding on cancellation of all allotments despite Ram Naik keeping up his more than brave face that there was no wrong doing at all."
Our attention was also drawn by learned counsel to only reply to the averment which is to the following effect :-
"With reference to para 2.3.1, 2.3.2, 2.3.3, 2.3.4 and 2.4 of the petition, it is submitted that the contents therein are the excerpts quoted from various newspapers and hence need no reply". The submission of Mr. Nariman is that the averments in para 2.3 are not excerpts from a newspaper but an assertion of the petitioner and the same having not been denied shall be deemed to be admitted. It may be that the averment in para 2.3 is not an excerpt from a newspaper and is an assertion, as contended by Mr. Nariman but such a general and vague assertion without any material in support thereof and which, in fact, is an inference from newspapers is hardly sufficient to attribute mala fides. The contention of Mr. Nariman, thus, cannot be accepted.
Reverting now to the contention that the impugned action was in public interest, it may first to be noticed that when the decision was taken on 5th August, 2002, the only reason was that a controversy had been raised about certain allotments. We have earlier noticed that the guidelines provide for a mechanism to look into the complaint made against selections. Further, according to the respondents, in respect of 360 complaints made against the Chairmen/Members of the DSBs, inquiries were conducted by Director General, Anti Adulteration Cell and out of which 242 cases were recommended to be closed. This means no substance were found in 242 complaints out of 360; 39 cases were sub-judice; in 27 cancellation of selection had been recommended and 45 cases had been referred to the Ministry for its decision on various grounds by Director General and Oil Companies. In addition, in 7 cases,decision on cancellation of the selection of the first empanelled candidatehad been taken by DSB/oil companies. The effect of the impugned action is the termination of agreements despite the recommendation of the closure of the complaints and only for the reason that a 'controversy' had been raised in relation to some allotments. Further, in some cases, the challenge to selection had failed in courts. The guidelines, as earlier noticed, provide for reservation for defence personnel, freedom fighters, outstanding sports persons, para military/Police/Government personnel, physically handicapped persons and Scheduled Castes and Scheduled Tribes. There was no application of mind as to the effect on all these categories as a result of en masse cancellation. The ontention of the learned Solicitor General that in order to uphold the probity in governance, ensure fair play in action and in larger public interest, the Government took a decision to cancel the allotments is clearly an afterthought besides untenable even otherwise. The mere reason that a 'controversy' has been raised by itselfcannot clothe the Government with the power to pass such a drastic order which has a devastating effect on a large number of people. In governance, controversies are bound to arise. In a given situation, depending upon facts and figures, it may be legally permissible to resort to such en masse cancellation where executive finds that prima facie a large number of such selections were tainted and segregation of good and bad would be difficult and time consuming affair. That is, however, not the case. Here the controversy raised was in respect of 5 to 10%, as earlier indicated. In such a situation, en masse cancellation would be unjustified and arbitrary. It seems that the impugned order was a result of panic reaction of the Government. No facts and figures were gone into. Without application of mind to any of relevant consideration, a decision was taken to cancel all allotments.. The impugned action is clearly against fair play in action. It cannot be held to be reasonable. It is nothing but arbitrary. Regarding the probity in governance, fair play in action and larger public interest, except contending that as a result of media exposure, the Government in public interest decided to cancel all allotments, nothing tangible was brought to our notice. On 5th August, 2002 only reason was that 'a controversy' had been raised. In order dated 9th August, 2002 the reasons given are that facts and circumstances considered and to ensure fair play in action and in public interest, it was passed. In counter affidavit, the aspect of probity in governance has been brought in. Be that as it may, the fact remains that admittedly, no case was examined, not even from a prima facie angle to find out whether there was any substance in the media exposure. None examined the impact that was likely to result because of en masse cancellation. Many had resigned their jobs. It was necessary because of such a stipulation in LOI. Many had taken huge loans. There were many Schedule Casts/Schedule Tribes, war widows and those whose near relation had died as a result of terrorist activities. The effect of none was considered. How could all those large number against whom there was not even insinuation could be clubbed with the handful of those who were said to have been allotted these lealerships/distributorships on account of political connection and patronage. The two were clearly unequals. The rotten apples cannot be equated with good apples. Under these circumstances, the plea of probity in governance or fair play in action motivating the impugned action cannot be accepted. The impugned order looked from any angle cannot stand the scrutiny of law.
The solution by resorting to cancellation of all was worse than the problem. Cure was worse than the disease. The equal treatment to unequals is nothing but inequality. To put both categories ? tainted and the rest ? at par is wholly unjustified, arbitrary, unconstitutional being violative of Article 14 of the Constitution. It is apparent from the guidelines that the dealerships and distributorships were provided to be given to the allottees as a welfare measure. Even in respect of open category there is a limitation for the income of the applicant being not more than 2 lakhs per annum so as to be eligible for consideration by the DSBs. The DSBs are required to consider the applications within the parameters of the guidelines and select the best applicant. If the DSBs in some cases have selected someone not on merits but as a result of political connections/considerations and positions of the applicant, undoubtedly such allotments deserve to be quashed. In Common Cause case (supra), this Court on examination of the facts held that the allotment to the sons to the Ministers were only to oblige the Ministers. The allotments to the Members of the Oil Selection Boards and their/Chairmen's relations had been done to influence them and to have favours from them. It was observed that a minister who is the executive head of the department concerned, when distributing benefits and largesses In a welfare state in the form of allotment of plots, houses, petrol pumps, gas agencies, mineral leases, contracts, quotas and licences etc. has to deal with people's property in a fair and just manner.He holds all these as a trust on behalf of the people. He cannot commit breach of the trust reposed in him by the people. The aforesaid observations would apply with equal if not more force to DSBs if media exposure that the allotments were made either to the high political functionaries themselves or their near and dear ones is correct, the authorities would not only be justified in examining such cases but it would be their duty to do so. Instead of fulfilling that duty and oblig ation, the executive cannot unjustly resort to cancellation of all theallotments en masse by treating unequals as equals without even prima face examining any cases exposed by the media. If hue and cry is made that certain allotments have been made to sitting Members of Parliament or their wives or Members of Legislature or their relations, the public, media and the opposition would be justified in raising eye-brows. It is a different matter that on independent examination nothing may be found in those cases. As noticed earlier, 417 names of alleged tainted allotments appeared in media between 2nd August and 24th August, 2002. As a representative category, 10 cases were transferred to this Court. The respondents have given to us particulars of 413 cases which appeared in Indian Express ? four being not traceable according to them. The allegations in Transferred Case Nos.100 to 109 are substantially these: One of the transferred cases relates to allotment of SKO/LDO dealership at Lal Bangla, Kanpur in open category in favour of the son of Member of Parliament from ruling party. It is a case where letter of intent has been issued though agreement was not entered into before the cancellation and the outlet is not operational. According to the petitioner, he had made huge investments, purchased land and completed other formalities and was a graduate of 26 years of age and being son of a Member of Parliament was not a disqualification. It appears that the concerned DSB had interviewed 32 applicants. If being the son of Member of Parliament was not a disqualification, at the same time, it was also not a qualification. The probity in good governance requires the examination of such a matter by an independent person so as to clear the doubts or 'controversy' so as to come to the conclusion whether the allotment was on merits or as a result of the political connections. The controversy cannot be resolved or put to rest by burying it under carpet by cancelling all allotments by treating unequals as equals. Another transferred case pertains to allotment of HPC retail outlet at Khandvi, District Solapur, Maharashtra in favour of the petitioner under the Scheduled Castes reserved category. The outlet is company owned dealer operated. 23 applicants were interviewed. The applicant is a wife of a Member of Parliament of a political party supporting party in power. The district wherein the outlet has been allotted to the petitioner falls within the parliamentary constituency of the husband of the petitioner. The petrol pump is said to be operational. According to the petitioner, she made huge investments and 16 persons have been employed by her. If the allotment in her favour is not on merits and is on account of the applicant being wife of a Member of Parliament, the aforesaid considerations pleaded by her would be wholly irrelevant. Surely an independ ent probe is necessary. Someone has to look into the matter. In one case, the allotment of IOC's retail outlet at Udaipur is in favour of a Member of Parliament of the main political party in opposition. The contention of the allottee, however, is that she, as a condition of LOI, resigned her job of Professor from an Educational Institution. No equity can be claimed on account of any step or action taken to fulfill the condition of LOI if the selection itself is illegal.
One of the transferred cases concerns 8 allotments in Maharashtra State. The allegation in the newspaper was that brother of petitioner no.1 is District President of the Ruling Party and was Member of Parliament; husband of petitioner no.2 is a sitting MLA, petitioner no.3 is sister-in-law of a sitting MLA, father of petitioner no.4 is a sitting MLA, father of petitioner no.5 was a President of District Unit of the political party some years back, petitioner no.6 himself is a sitting MLA, petitioner no.7 and petitioner no.8 are political workers of the Ruling Party. All the 8 petitioners of course contend that the allotments in their favour were made on merits and not as a result of political patronage. The allegation in one of the transferred cases is that the allottee is son-in-law of a former Member of Parliament whereas in another transferred case, the allegation is that the allottee is a son of a former MLA. In these two cases, service report on the petitioners was awaited. Another transferred case relates to IOC's LPG distributorship. The allegation is that the allottee was the constituency secretary of the Ruling Party. LOI has been issued though the outlet is not operational. According to the petitioner since on merit no.2 was a press reporter his name has been included with mala fide intentions. Another transferred case relates to IOC retail outlet at Sawar, Ajmer where the allegation is about the allottee being son of a party functionary.
In one of the transferred cases the allegation is that the father of the allottee is an Inspector General of Anti Corruption Cell in Rajasthan Police.
All the applicants claim that the selection by the DSBs in their favour was on merits and not on account of any political or other extraneous consideration. For the present, we are not expressing any opinion on the question whether the selection of the allottees by the DSBs in this category of alleged tainted allotments was a result of the political or other extraneous consideration or the selection was on merits alone. As already mentioned, these aspects require an independent probe.
The alleged tainted allotments are required to be scrutinized by an independent committee so as to determine the validity of impugned circular dated 9th August, 2002 as against such allotments. As already noticed, 417 names were exposed by the media out of which particulars of 413 have been provided. We deem it expedient to constitute a Committee to go into the question whether these allotments were made on merits or on some extraneous considerations.
In our view, the Government should not have exercised the power in a manner so as to enable it to escape the scrutiny of allotments exposed by the media. No arbitrary exercise of power should intervene to prevent the attainment of justice. Instead of passing the impugned order, in the context of the facts of the present case, the Government should have ordered an independent probe of alleged tainted allotments. The impugned order had the twin effect of (1) scuttling the probe and (2) depriving a large number of others of their livelihood that had been ensured for them after their due selections pursuant to a welfare policy of the Government as contained in the guidelines dated 9th October, 2000.The public in general has a right to know the circumstances under which their elected representatives got the outlets and/or dealerships/distributorships.
In view of the aforesaid:-
I. We appoint a Committee comprising of Mr. Justice S.C. Agrawal, a retired Judge of this Court and Mr. Justice P.K. Bahri, a retired judge of Delhi High Court, to examine the aforesaid 413 cases. We request the Committee to submit the report to this Court within a period of three months.
II. The Committee would device its own procedure for undertaking the examination of these cases. If considered necessary, the Committee may appoint any person to assist it.
III. We direct the Ministry of Petroleum and Natural Gas, Government of India and the four oil companies to render full, complete and meaningful assistance and cooperation to the Committee. The relevant records are directed to be produced before the Committee within five days.
IV. We direct the Ministry to appoint a nodal officer not below the rank of a Joint Secretary for effective working of the Committee.
V. The Central Government, State Government/Union Territories and all others are directed to render such assistance to the Committee as may be directed by it.
VI. The oil companies are directed to provide as per Committee's directions, the requisite infrastructure, staff, transport and make necessary arrangements, whenever so directed, for travel, stay, payments and other facilities etc.
VII. In respect of any case if the Committee, on preliminary examination of the facts and records, forms an opinion that the allotment was made on merits and not as a result of political connections or patronage or other extraneous considerations, it would be open to the Committee not to proceed with probe in detail.
For the reasons aforesaid, the impugned order dated 9th August,2002 is hereby quashed except in respect of cases referred to the Committee. The cases referred to the Committee would be considered on receipt of the report. However, the interim order dated 28th August, 2002 would continue to apply to these referred cases till further orders. The said order is further extended to cases where select panel has been published but letters of intent have not been issued. Transferred Case Nos 80, 81 to 88, 90 and 91/2002, all intervention applications therein, I.A. Nos.246-2556 in Transfer Petition (C) Nos.417-423/2002 and Contempt Petition (C) No.556/2002 in Transferred Petition (C) No.417-423/2002 are disposed of in terms of this decision. A copy of the judgment shall be sent to the Registrar Generals of all the High Courts so that the writ petitions, if any, pending in the High Courts on similar questions can be disposed of in terms of this judgment.
All matters except Transferred Case Nos.100 to 109 are disposed of. List Transferred Case Nos.100 to 109 of 2002 after receipt of the report.


Technologies are developing quickly every single day and individuals existence styles are needing to change similar to fast to help keep. But, no matter emerging technology, it appears people aren't completely satisfied and they are always searching for blog. Due to this, the evolution of hi tech items isn't ending and there's always new inventions prone to market. It's man's instinct should be to search for more, expect many to push tougher for results. Thus the ongoing mission for creating innovative things. Hi tech items would be the top rivals in latest improvements.
The creativeness within the humans is immeasurable and hi tech items might be seen similar to accessory permanently good good good good good good examples for that innovative creativeness of humans. These hi-tech items also represent style and reflect the initial taste of individuals. You will find several assets created for growth and development of unique products and individuals should also possess the very best items therefore, the temptation for brand-new gadget isn't ending.
Cell phones would be the most helpful good good good good good good good examples of hi tech items. Inside our generation, families is loaded with lots of mobile phone in their home no matter their economic status. Within the yesteryear few years excellent of individuals cell phones has increases daily. Using mobiles is becoming common inside our generation and you will realize that almost 80% of individuals rely on mobile phones for communication. Plenty of an entire day begins obtaining a request the mobile phone and finishes obtaining a request a mobile phone. Many of the work they are doing relies on communication too for that reason these mobile phones play a vital role within their daily existence.
Another vital hi tech gadget, for teens it appears, may be the portable media player. Everywhere you walk, the reality is teens sporting people infamous wireless wireless wireless wireless wireless wireless wireless earbuds, bopping their heads for tunes or watching a podcast together with other video format.
Probably most likely probably most likely probably most likely probably the most vital hi tech gadget nowadays is a computer. Can you really imagine what your existence may be similar to no computer? Can you really consider the capability of having your question clarified within moments, simply by typing, out of the blue disappearing? Remember what existence was like before pcs? If you are much like, you do not!
When Should You Run a Background Check?


At Truss-T-Frames we pride ourselves on supplying quality products at competitive prices. From the simplest to the most complex roofs, our qualified and vastly experienced estimators and truss detailers can design your roofs for you.
John Bills, our senior detailer, has been in the industry detailing and estimating since 1976 and has been with Truss-T-Frames since 1988.
We use the latest design programs from Mitek (Gangnail).


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Eesti in brief - 2008-08-06
Estonain politicians are happy at the results of the Latvian referendum because voters have no more confidence in them than in Latvia. Daily newspaper Postimees writes in their opinion page that the abortive Latvian constitutional referendum (see story Page 1) would give a respite to country's ruling coalition. SL Ohtuleht said Estonians lack any levers to influence politicians, just like Latvia. Eesti Paevaleht published a selection of internet commentaries on the issue. Some commentators believe Estonia needs a law permitting a recall of elected officials as well.
Estonians are optimistic about the future according to a new pan-European Europarameter study. Some 77 percent of Estonians believe that life will be better in next 20 years while 11.3 percent believe that life will be worse than it is today. In general, Europeans are pessimistic about the future -- 38.2 percent believed that life willimprovein next 20 years, while 48.7 percent believed that things would get worse. The most pessimistic people of all are Germans -- 20 percent of them believed things are improving and 67.8 percent that it is not getting better. The poll covered the entire EU from April 9 to 13.
Tallinn Mayor Edgar Savisaar wants to open the War of Independence Victory Monument on August 20. In his blog Savisaar wrote he sees no problem when the monument is opened earlier than anticipated. In his opinion this would link the celebrations of the 1919 War of Independence and the signing revolution in August 1991.
Mart Laar, Chairman of the Estonian Conservative Pro Patria and Res Publica Union, said a memorial should be made to Russian writer Alexander Solzhenitsyn who died recently. Laar said Estonia should be proud that it contributes to Solzhenitsyn's work. The Russian writer wrote some of his works whilst in Estonia. Laar said the author of the "Gulag archipelago's" role in exposing the crimes of communism and demolishing empire of evil demanded that he be recognized. Laar said not everybody could take a stance he liked Solzhenitsyn, and that if Russia wanted to pick great men of its own history, Solzhenitsyn should rather take a high place.
Finnish police believe two Russian-speaking Estonians were running the amphetamine trade in Finland's Lahti. According to STT the Finnish police controlled the drugs trade between 2007-2008 using Lahti as a center to send drugs all over the country. The police became aware of the gang when investigating the transport of stolen boat engines from Finland to Russia. According to the police, the gang first smuggled the amphetamines to Lahti and then distributed it in the Helsinki, Joensuu and Lappeenranta areas. The two drug dealers are Finnish residents. They were arrested in May. A number of other criminals have been detained in the course of the investigation. All in all about twenty people are involved, some of whom have records. The trial of the suspects will begins next Monday.
Estonia: Mootor Grupp to go to court against state
Parasummer, biggest parachuting camp in Baltics, kicks off in Kuressaare
Estonian state forest manager says forest litter problem not easing
Estonia: State seeking to abolish strict ad restrictions on consumer credit providers
Estonia: Juhan Lepassaar elected executive director of EU Agency for Cybersecurity
Col Rauno Sirk to become new commander of Estonian Air Force
Estonian president discusses future of European defense cooperation in Paris


Like anything else in life, good parenting requires an offense with clear goals, plans, and tried, proven methods. ValuesParenting is based on the experience and proactive philosophy of #1 New York Times best-selling authors Richard and Linda Eyre, and on having a well-conceived program for teaching your children, with different ideas and methods to help you strengthen your family. Much of the content here is free. You can also become a VP Premium Member to receive even more benefits (VP Premium membership is included with Joy School).
Follow the Eyres on Instagram, Facebook, YouTube, and Twitter.
(about 1 to 4 emails per month).


Wisconsin Dells is an Amtrak intercity train station in Wisconsin Dells, Wisconsin, served by Amtrak's daily Empire Builder. Despite the antiquated appearance, the station was built in 1989. The station is a replica of a former Chicago, Milwaukee, St. Paul and Pacific Railroad Depot, and is in close proximity to a tourist railroad called the Riverside and Great Northern Railway.
Although there is an employee that opens and closes the station around train times, there is no full station master selling tickets or handling baggage at this station. Persons wishing to board the train in Wisconsin Dells who do not yet have tickets may purchase them from the conductor upon boarding.
^ "Amtrak Fact Sheet, FY2017, State of Wisconsin" (PDF). Amtrak. November 2017. Retrieved 7 January 2018.


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Latest accreditations awarded to healthcare facilities by COHSASA
Issued by: COHSASA
The healthcare facilities listed below have been awarded accreditation by The Council for Health Service Accreditation of Southern Africa (COHSASA), a not-for-profit company (NPC) based in Cape Town.
Arwyp Medical Centre in Kempton Park (left) and Lady Pohamba Private Hospital in Namibia
A COHSASA accreditation award means the healthcare organisations have entered a rigorous quality improvement programme and have been assessed against, and comply with, standards recognised by the International Society for Quality in Health Care External Evaluation Association (IEEA), the global body overseeing accreditation and quality improvement programmes in healthcare organisations in 70 countries around the world. COHSASA itself is accredited by the IEEA as are its standards. COHSASA is the only accrediting body for healthcare facilities in sub-Saharan Africa recognised by the IEEA.
Healthcare facilities that initially enter the programme and meet standards are awarded two-year accreditations and as the journey in improving quality continues, awards of longer duration are given. A four-year accreditation award from the Council should signal to patients that a facility has sustained an excellent level of standards over a commendable period. All facilities that receive an Accreditation Award must undergo an interim survey halfway through the period to ensure that standards are being maintained.
Due to the Covid-19 pandemic, COHSASA has had to change its implementation model to include hybrid evaluation surveys. This means that only one surveyor is onsite while two surveyors connect remotely from Cape Town. The hospitals listed below were the first to undergo successful hybrid evaluation surveys.
It is thus possible to safely assume that the standards of quality and patient safety in both the Lady Pohamba Hospital in Windhoek, South West Africa and the Arwyp Medical Centre in Kempton Park, Gauteng, are well on their way to achieving commendable, long-term and institutionalised levels. Both achieved a Full Accreditation Award for three years, valid until May 2024.
Latest accreditations awarded by Cohsasa (NPC) 9 Dec 2021
Is medical travel safe? A webinar to discuss the expanding the African space for medical tourism 7 Oct 2021
Latest accreditation awarded by Cohsasa 27 Aug 2021
Latest accreditations awarded to healthcare facilities by COHSASA 26 May 2021
Cohsasa elects new leaders 10 Mar 2021
The Council for Health Service Accreditation of Southern Africa (COHSASA), a not-for-profit organisation in Cape Town, South Africa, assists a wide range of healthcare facilities to meet and maintain quality standards.
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Anja Bukovec, slovenska violinistka, * Ljubljana.

Po pridobivanju osnovnega znanja v Ljubljani pri prof. Vasiliju Meljnikovu je nadaljevala šolanje na Konzervatoriju v Pragi pri prof. Jaroslavu Foltynu. Od leta 1995 dalje je študirala na Visoki šoli za glasbo v Kölnu pri prof. Igorju Ozimu, kjer je tudi diplomirala. V letu 2006 se izpopolnjuje na violinski šoli »Crescendo« v Nemčiji pri prof. Gratchia Arutunjanu, istočasno pa tudi na podiplomskem študiju pri prof. Vasiliju Meljnikovu na Akademiji za glasbo v Ljubljani. Na različnih mednarodnih tekmovanjih mladih violinistov je prejela najvišja priznanja.

Nastopa kot solistka in v komornih zasedbah v Sloveniji, Hrvaški, Srbiji, Avstriji, Nemčiji, Italiji, Švici, Češki republiki, Romuniji, Avstraliji in na Kitajskem. Kot solistka je večkrat nastopila ob spremljavi orkestra Slovenske filharmonije in simfonikov RTV Slovenija, koncertirala je tudi z Reško filharmonijo in z Anton Webern orkestrom na Dunaju, ter Beograjsko filharmonijo. Sodelovala je z mojstri Georgom Pehlivanianom, Markom Letonjo, Urošem Lajovicem, Antonom Nanutom. V zadnjih letih je pripravila več samostojnih recitalov. Sodeluje z različnimi glasbeniki in glasbenimi skupinami.

Glej tudi
seznam slovenskih violinistov

Zunanje povezave
 Intervju z Anjo Bukovec v oddaji Opus RTV Slovenija (v Odprtem kopu)

Rojeni leta 1978
Živeči ljudje
Slovenski violinisti

redpajama_set_name: RedPajamaWikipedia


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Q: How to traverse xml through jquery? I am trying to traverse a rss feed in which a tag is present like below
<item>
<itunes:explicit>no</itunes:explicit>
</item>

how do i get the value of itunes:explicit. i tried like below
_this = loadedData // xml data from the ajax request
$(_this).find('item').find('itunes:explicit').text()

It is not returning the text present in it.
Any way to access this ?

A: user parseXML, described here.

A: You need to escape the colon in your selector so that jQuery doesn't interpret the colon as a CSS pseudo-class:
$(_this).find('itunes\\:explicit').text()

A: you can directly find the thing which you want..you don't need heirarchy for that..try with this code-
$(_this).find('itunes\\:explicit').text()

redpajama_set_name: RedPajamaStackExchange


A tool that allows developers and product managers to perform tests on instances with real and sanitized data without damaging production. Instances may be made by themselves, without the need of a third party, without the need to conflict with server configuration.
The name comes from the verb deploy, which identifies the process of creating and configuring an instance on a server. Being a Vauxoo tool, it closes with the letter V. Making a link between the name, function and meaning.
We designed several brand applications such as the website, the user interface for both admin and users in the product, as well as some promotional souvenirs.
We started by designing an informative landing page to let the users know about a DeployV's beta version while we fine-tune the last details before launching the official version (soon).


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System Of A Down - System Of A Down
AAME 65581
Note: 140 Gram
Debut album on 140-gram vinyl LP!
"This remains an excellent starting point for thsi most curious band. (4 stars out of 5)" — Q magazine
The debut album from System of A Down was released in June 1998. The self-titled album was certified gold by the Recording Industry Association of America on February 2, 2000. The album was featured in the book "1001 Albums You Must Hear Before You Die."
DDevil
War?
P.L.U.C.K.
View other items by System Of A Down
in 140 / 150 Gram Vinyl Record
1. Nashville Obsolete
Dave Rawlings Machine
2. The Harrow & The Harvest
3. After The Gold Rush
4. Aerosmith's Greatest Hits
5. The Turn
Jerome Sabbagh
6. Harvest
7. Direct Hits
8. Soul Journey
9. Chet
10. Zuma
11. On The Beach
12. Cosmo's Factory
13. Chocolate City
14. American Tunes
15. Dig
View our Top 50 140 / 150 Gram Vinyl Record


Question: If my child moves out of the country with his mother without my consent am I still obligated to pay child support?
Answer: Generally, child support is a separate and distinct obligation from issues concerning custody and parenting time. Usually, an obligation for support is not relieved due to custody or parenting time issues. I would strongly recommend that you speak with an attorney regarding your situation. The attorney can advise you on options and recourse specific to your situation.
If my child moves out of the country with his mother without my consent am I still obligated to pay child support?


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redpajama_set_name: RedPajamaGithub


Minerals play a vital role in constructing the surrounding world. It is true that our buildings are constructed from the mined materials. Moreover, technology becomes a reality due to some of the mined materials. Thus, there are a number of opportunities available in this sector that an investor needs to go for. However, investing in minerals needs you to be ready for some challenges that are not observed in other stocks.
The first thing an investor needs to know is how to invest in minerals. Minerals come in wide varieties meaning that you need to know the type of minerals that are interesting to you. They vary starting from silver, palladium, gold, and many more. You need to do a detailed research about these minerals and their associated past experience. This information will be essential in deciding the type of minerals that deserves a potential investment.
While investing in minerals you need to look for their deposits. After finding it, the next thing is checking if it is financially feasible for mining. This is because there are cases where you can incur a lot of costs while mining as compared to the profits generated back. Therefore, it is vital to conduct an assessment of the particular mineral to determine if it is worth as per the current market conditions.
Another thing that you need to keep in mind while investing in minerals is the accompanying risks. Despite the fact that investing in minerals is likely to generate a lot of returns, there are possibilities of suffering a loss in case you fail to conduct a detailed research on the same. The common risk observed in investing in minerals is exploration risk.
There are high chances of investing a lot in minerals and the returns are not worth the investment. For the majors, failure to find a deposit is mainly mitigated as a result of the simultaneous explorations taking place. A junior, on the other hand, needs to go for a sizeable deposit. Failure to find one may make them be declared bankrupt.
The investors in minerals also need to be aware of the risk of price volatility on the commodities. There are a number of factors affecting these commodities and the process of predicting their respectful prices is quite difficult.
The final risk is the political risk. Establishing the deposit ownership is a difficult task. This is because a number of deposits are situated in the developing countries associated with constant political turmoil. Unlike the juniors, the majors are capable of handling the long legal disputes using their resources. Therefore, you need to keep this risks in mind in addition to looking for the minerals that are popular while investing in them.


Yesterday I received my copy of J. Caleb Clanton's new book entitled The Philosophy of Religion of Alexander Campbell (Knoxville: University of Tennessee Press, 2013). I had previously read the manuscript in early 2012 and am pleased to see it in print.
Caleb taught philosophy at Pepperdine for several years but now teaches at Lipscomb. I am grateful that Lipscomb has secured his services as a philosopher, and a philosopher who is interested in mining the resources of the Stone-Campbell tradition.
Clanton's work is impressive. His analysis of Campbell's ideas are fair, clear, and illuminating. His re-contextualization of Campbell's thought is insightful. He demonstrates that Campbell squarely faced the questions that philosophy of religion raised in the early nineteenth century. Campbell was well-acquainted with the philosophical issues of his day. Not only does this demonstrate that the Stone-Campbell Movement has its own "philosopher," but that the philosophic tradition Campbell represented may yet still provide some guidance in our current context. And, yet, I think it remains clear—as Clanton's discussion of the Campbell's ideation argument for the existence of God indicates—that Campbell, as a philosopher of ideas, is a deeply rooted empirical Biblicist who only ventures into metaphysical waters as a negative apologetic while always staying within sight of the empirical shore.
At the 2012 Christian Scholars Conference I offered a response to Caleb's manuscript regarding Campbell's understanding of Arminian-esque theodicy. Campbell's theodicy, as Clanton unfolds it, is focused on the Free Will Defense, responds to the "Divine Hiddenness" problem, and articulates a high view of providence (even meticulous providence) that denies gratuitous evil. My response to Clanton is available here.
This entry was posted on June 11, 2013 at 8:26 am	and is filed under Books, Stone-Campbell, Theology. Tagged: Alexander Campbell, Free Will Defense, God, J. Caleb Clanton, Meticulous Providence, Philosophy of Religion, Providence, Stone-Campbell Movement, Theodicy.	You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.