Ashok Kumar Mittal Vs. Maruti Udyog
Ltd. & ANR [1986] INSC 29 (7 March 1986)
TULZAPURKAR, V.D. 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 several contentions raised in the petitions.)
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 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.
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