Full Judgment Text
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PETITIONER:
ASHOK KUMAR MITTAL
Vs.
RESPONDENT:
MARUTI UDYOG LTD. & ANR.
DATE OF JUDGMENT07/03/1986
BENCH:
TULZAPURKAR, V.D.
BENCH:
TULZAPURKAR, V.D.
SEN, A.P. (J)
CITATION:
1986 AIR 1923 1986 SCR (1) 585
1986 SCC (2) 293 1986 SCALE (1)326
ACT:
Justice in Public Interest - Power of the Supreme Court
to issue directions or orders - Out-of-turn allotment of
Maruti Cars out of manufacturer’s discretionary quota of 5%
to several categories like defence, VIPs, judiciary
including lawyers etc. - Whether the method adopted, namely
(a) for the promotion of commercial interest of the company;
(b) for the promotion of public interest; and (c) avoidance
of undue individual hardships etc. violative of Article 14
of the Constitution and arbitrary - Guidelines by the
Supreme Court.
HEADNOTE:
The petitioner applied for allotment of "Maruti Car
800" and due to an error of the computer his name was not
included for the allotment of "Maruti 800" but for "Maruti
Truck". When the petitioer pointed out the discrepency the
error was accepted by the respondents who however, agreed to
consider the case of the petitioner for allotment out of the
manufacturers’ discretionary quota of 5%. Accordingly, the
petitioner was alloted Serial No.8 under the discretionary
quota. In the course of certain correspondence that ensued
between the petitioner and the respondent, the respondents
indicated the usual guidelines adopted in the allotment of
the car out of the manufacturers’ discretionary quota to
defence forces, judiciary, Constitutional heads, MPs etc.
The petitioner has challenged such a classification as
arbitrary and violative of the provisions of the Article 14
of the Constitution.
Disposing of the petitions,
^
HELD : The interest of justice would be met, if the
allotment of Maruti vehicles out of manufacturers’
discretionary quota is made in favour of the named
categories specified in the order and subject to strict
observance of the conditions indicated therein. [586 E-F]
586
(The Court ordered that the guidelines would be in
force for a period of three years and will be subject to
review later taking into consideration the prevailing
circumstances which may exist at that point of time.
Applying non-liquet for the present, the Court left open the
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several contentions raised in the petitions.)
JUDGMENT:
ORIGINAL JURISDICTION : Writ Petition (Civil) No. 588
and 11716 of 1984.
Under Article 32 of the Constitution of India.
Soli J. Sorabji, Prashant Desai and R. N. Karanjawala
for the Petitioners.
K. Parasaran, Attorney General, Mrs. Vijay Rao and
T.V.S.N. Chari for the Respondents.
The Order of the Court was delivered by
TULZAPURKAR, J. We have heard Mr. Soli J. Sorabjee, Mr.
Prashant Bhushan and Mr. R. Karanjawala for the petitioners
and the learned Attorney-General, on behalf of the
respondents. Various submissions were made on behalf of the
parties. After consideration discussion of the various
proposals and suggestions made by parties and after having
given our anxious and deep consideration to the matter it is
ordered that in public interest the following guidelines
should regulate the allotment of Maruti vehicles out of the
manufacturers quota of 5 per cent.
The allotment of Maruti vehicles out of the
manufacturers’ quota of five per cent will be made in favour
of the following categories only:
I. Any organisation/institution coming within the
definition of ’State’ under Article 12 of the Constitution
of India.
II. Any hospital or recognised charitable organisatior
or educational institutions registered or incorporated under
a statute or having recognition under Section 80-G of the
Indian Income Tax Act, 1961.
587
III. Individuals
a. An individual suffering from physical handicap so as
to render him incapable of using public transport would be
eligible for allotment provided his income together with the
income of his or her spouse or his or her guardian does not
exceed Rs. 60,000 per year.
b. The President of India, Vice-President of India,
Cabinet Ministers, Ministers of State in the Union Cabinet
and Governors of States and Cabinet Ministers in State
Governments, the Chairman of the Public Service Commission,
the Chief Election Commissioner, the Auditor and Comptroller
General of India and the Attorney General of India.
c. The Speaker and the Deputy Speaker of the Lok Sabha,
the Chairman and the Deputy Chairman of the Rajya Sabha,
Speakers of State Legislative Assemblies, Chairpersons of
State Legislative Councils, and Leaders of Opposition
parties in Parliament and in the State Legislatures.
d. The Chief Justice and other Judges of the Supreme
Court and the Chief Justice and other Judges of the High
Courts.
e. Public servants not below the rank of Additional
Secretary to the Government of India.
f. Serving members of the Armed Forces not below the
rank of Brigadier in the Army or equivalent rank in the Navy
or the Air Force;
g. manufacturers of component parts for utilisation in
the manufacture of Maruti vehicles. The number of this
category will be restricted to ten per year;
h. employees of Maruti Udyog Ltd., limited to fifty
vehicles per year;
i. individuals in recognition of their outstanding
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humanitarian services to the society or to the Nation. The
number in this category will be restricted to ten per year;
588
j. individuals cases of undue hardship on humanitarian
grounds. The number in this category will be restricted to
five per year.
IV. Error category i.e. individuals whose applications for
regular allotment could not be registered on account of any
genuine error.
The following conditions will be strictly observed
in the allotment of vehicles to any
organisation/institution, person or individual in any of the
aforesaid categories:
a. There will be no resale of the vehicle by the
allottee for a period of three years.
This condition will be inserted in the order of
allotment issued in favour of the allottee. Maruti Udyog
Ltd. will further obtain before giving delivery of the
vehicle a written undertaking from the allottee that he will
not sell the vehicle for a period of three years from the
date of delivery.
b. There will be no second allotment out of the
manufacturers’ quota to the same individual.
c. In each of the aforesaid categories allotment, as
far as possible, will be made on first come first served
basis in accordance with the date of the receipt of the
application for allotment out of the aforesaid
manufacturers’ quota. In cases where more than one
application is received on the same day from individuals in
the same category, priority of allotment in such cases will
be determined by draw of lots under proper supervision.
It is clarified that allotments made for
military/paramilitary purposes and against firm export
orders for supply outside of India, will not be included
within 5% of the Manufacturers’ quota.
These guidelines will be in force for a period of three
years and will be subject to review taking into
consideration the prevailing circumstances which may exist
at that point of time.
589
In view of the aforesaid guidelines, we think, it is
unnecessary for us to determine the various submissions and
contentions raised on behalf of the parties which are
however left open.
All general interim orders are vacated. However,
deliveries made pursuant to our interim orders will stand.
Liberty to apply.
S.R.
590