ORDER

Special leave granted.

2. The dispute in the present case pertains to the settlement of a country liquor shop in favour of respondent No. 4 as a result of the decision of the Division Bench of the High Court.

3. In October 1998, a tender notice was issued for the settlement of one shop. The appellant along with respondent No. 4 and another person filed applications in the Form prescribed under Rule 206 of the Assam Excise Rules, 1945. According to Rule 223, preference was to be given to educated unemployed. The Note with regard to the said Rule stated that an educated unemployed would be one who has passed HSLC or equivalent examination and is without any employment.

4. In the order of settlement on 28th December, 1998, the application of respondent No. 4 was accepted. This was challenged by the appellant and another unsuccessful tenderer by filing an appeal before the Board of Revenue. In the appeal, two contentions were raised - firstly that respondent No. 4 could not be treated as an educated unemployed youth within the meaning of that expression in Rule 223(2) and secondly in the application which was filed the financial particulars had not been given by the said respondent.