Point of Law: In the absence of requisite foundational facts to seek disqualification or cancellation of the LPG distributorship awarded in favour of the respondent no. 6 it is not open for the petitioners to contend for cancellation of such LPG distributorship and also not necessary for the Court to deliberate on

JUDGMENT :

MANISH CHOUDHURY, J.

1. Both the writ petitions are preferred by the same set of petitioners, 10 in nos. by stating that they are espousing common cause. In the writ petition, W.P. (C) No. 4388/2018, filed first in point of time, the writ petitioners have assailed an advertisement dated 12.06.2018 published by the respondent Indian Oil Corporation Ltd. (IOCL) for selection of Liquefied Petroleum Gas (LPG) distributorships for 66 nos. of locations in the entire State of Assam, more particularly, in respect of the LPG distributorship for Village-Alimur, Subansiri Gaon Panchayat under Ghilamara Development Block and Dhakuakhana Sub-Division, District-Lakhimpur. After the selection of successful candidate has been made pursuant to the advertisement dated 12.06.2018, the writ petition, W.P. (C) No. 6700/2018 has been filed assailing selection of the beneficiary by impleading the selected candidate as the respondent no. 5 at first but later on, by impleading as the respondent no. 6.

2. The relevant background facts leading to the institution of the two writ petitions may be exposited, in brief, as under:

2.1 The 3 (three) public sector oil companies, namely, Indian Oil Corporation Ltd. (IOCL), Hindustan Petroleum Corporation Ltd. (HPCL) and Bharat Petroleum Corporation Ltd. (BPCL) published an advertisement jointly on 12.06.2018 inviting applications from candidates for LPG distributorships in respect of 66 nos. of locations. Amongst 66 nos. of locations, serial no. 50 was in respect of a location in village-Alimur, Gaon Panchayat-Subansiri, Sub-Division-Subansiri Part, Block-Ghilamara, District-Lakhimpurin the State of Assam. The type of LPG distributorship is Durgam Kshetriya Vitrak (DKV). In the said advertisement, the said location has been reserved for Other Backward Classes (Physically Handicapped) (OBC (PH), for short) category.

2.2 The petitioners have stated that they belong to Scheduled Tribes (ST) community. It is their assertion that there are three sub-divisions in Lakhimpur district including Dhakuakhana. According to them, 80% of the population of Dhakuakhana Sub-Division belong to Scheduled Tribes (ST) while the remaining population belongs to mostly Scheduled Castes (SC) and OBC. One of the Gaon Panchayats under Ghilamara Development Block of Dhakuakhana Sub-Division is Subansiri Gaon Panchayat. As per the Population Census of 2011, more than 89% of the population within Subansiri Gaon Panchayat belongs to STs. It is their case that the Alimur village has 80% population from STs community. Thus, it is not open for the respondent IOCL authorities to reserve the LPG distributorship for Alimur village for a candidate belonging to OBC (PH) category.

3. As per the subject-matter of the two writ petitions are inter-related, the two writ petitions are taken up together at the request of the learned counsel for the parties.

4. Heard Mr. M.J. Quadir, learned counsel for the petitioners; Mr. P. Bharadwaj, learned counsel appearing for the respondent nos. 2-4 and Mr. B.J. Ghosh, learned counsel for the respondent no. 6 in W.P. (C) No. 6700/2018. None has appeared for the respondent no. 1 and the respondent no. 5.

5. Mr. Quadir has submitted that since almost 100% of the population in Alimur village belongs to ST category, the LPG distributorship should have been reserved for a candidate belonging to the ST category. He has submitted that if the entire Ghilamara Development Block is taken into consideration, then also 90% of the population belongs to the ST category. When almost the entire population belongs to the ST category and when there are large numbers of candidates available within the Block and/or Sub-Division from the category, the respondent authorities by reserving the location at Village-Alimur for OBC (PH) category have deprived the eligible persons from ST Category in the process of selection for LPG dis