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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANISH CHOUDHURY, J.
Jesmin Ahmed W/o. After Rohman & Ors. - Petitioners
Versus
Indian Oil Corporation Limited & Ors. - Respondents
Writ Petition (C) No. 7124 of 2018, Writ Petition (C) No. 6813 of 2018
Decided On : 07-04-2022
Constitution of India, 1950 - Article 226 and 14 - Forest [Conservation] Act, 1980 - Section 2 - Forest Villages Rules - Rule 1, 2, 7 and 14 - LPG Distributorship - Location - Whether decision could have been made in a different manner in facts and circumstances of case - Whether there has been any infirmity in decision-making process - Whether decision-making process in vitiated due to non-adherence to any of essential conditions or any statutory provisions or is guided by any irrelevant or extraneous factors or mala fide - Whether contract is for public property or for execution of works or for award of any benefit like LPG distributorship - Whether applicant has been treated fairly or meted out a discriminatory treatment - Whether there would have been any difference in end result had petitioner been granted option to offer an alternative plot of land.
Finding of the Court :
Having regard to stands taken by district revenue administration and forest department authorities with regard to status of lands at location at Chalang Pathar and inability on part of petitioner to show any material to claim that she had any 'own' land meeting eligibility criteria as set forth in Clause 1[w] of Unified Guidelines as on last date of submission of application, Court is of view that there would not have been any difference in end result had petitioner been granted option to offer an alternative plot of land - In such view of matter, contention advanced by learned senior counsel in this regard is found not merited - This Court is also of view that respondent IOCL authorities may have to re-visit terms and conditions for allotment of LPG distributorships for two advertised locations if they wish to allot LPG distributorships at two advertised location but not in manner as contended by learned senior counsel for petitioners, as such revision of eligibility criteria in mid-stream, as has been noticed above, would amount to denial of opportunity for all other prospective applicants having similar kind of lands from benefit of privilege of participation and same would amount to violation of principles envisaged by Article 14 of Constitution of India - Respondent IOCL authorities while deciding to drop two advertised locations at Chalang Pathar and Gomariguri from purview of allotment of LPG distributorships, have also taken a decision to refund deposit of Rs.40,000/- each made by two petitioners - It is, therefore, observed that in event petitioners approach respondent IOCL authorities seeking refund of deposits of Rs.40,000/- each they had made earlier, respondent IOCL authorities shall release same forthwith.
Result : Petitions dismissed.
JUDGMENT :
Both the writ petitions – W.P.[C] no. 7124/2018 & W.P.[C] no. 6813/2018, preferred under Article 226 of the Constitution of India, are relatable to an Advertisement dated 25.05.2018 published jointly by 3 [three] public sector Oil Marketing Companies [OMCs] viz. [i] Indian Oil Corporation Limited [IOCL]; [ii] Bharat Petroleum Corporation Limited [BPCL]; and [iii] Hindustan Petroleum Corporation Limited. By the Advertisement, applications were invited from candidates for Liquefied Petroleum Gas [LPG] Distributorships in respect of 93 nos. of locations across the State of Assam. Amongst those locations, serial no. 17 was in respect of a location at Village – Chalang Pathar, Gaon Panchayat – Doyang, Block – Gomariguri, District – Golaghat and serial no. 32 was in respect of a location at Village – Gomariguri, Gaon Panchayat – Arunachal, Block – Gomariguri, District – Golaghat. The type of LPG Distributorships in respect of both the locations was Gramin Vitrak and both the locations had been reserved for the candidates belonging to the open category.
2. The petitioner in the writ petition, W.P.[C] no. 7124/2018 is an applicant for LPG distributorship for the location at Chalang Pathar whereas the petitioner in the writ petition, W.P.[C] no. 6813/2018 is an applicant for LPG distributorship for the location at Gomariguri. Both the petitioners have contended that in response to the said Advertisement, they had submitted their applications on or before the last date fixed for submission of such applications, by depositing the requisite fees.
2.1. For the process of selection of candidates for different categories of LPG distributorships including the category of Gramin Vitrak, defined therein, the Oil Marketing Companies [OMCs] including the IOCL, have to strictly follow the Unified Guidelines for Selection of LPG Distributors [‘the Unified Guidelines’, for short] framed in the year 2017. One of the criteria of eligibility laid down in the Advertisement is that the candidate should ‘own’ a plot of land meeting the conditions laid down in the Unified Guidelines. Both the petitioners have claimed that they have submitted the details of the plots of land wherein the proposed LPG distributorships would be set up along with their applications.
2.2. The petitioner in the writ petition, W.P.[C] no. 7124/2018 was shortlisted for the draw of lots to be held for selection of LPG distributorship for the location at Chalang Pathar. The name of the petitioner figured in the list of 11 nos. of candidates shortlisted by the respondent IOCL authorities. The draw of lots for the location at Chalang Pathar was held on 27.07.2018 and in the said draw of lots, the petitioner was declared as the successful candidate for the location at Chalang Pathar and the same was communicated to her by the respondent IOCL authorities vide a letter dated 28.07.2018.
2.3. The petitioner in the writ petition, W.P.[C] no. 6813/2018 was also shortlisted amongst 26 nos. of candidates by the respondent IOCL authorities for the draw of lots to be held for selection of LPG distributorship for the location at Gomariguri. The petitioner had emerged as the successful candidate for the location at Gomariguri in the draw of lots conducted on 27.07.2018 and the same was communicated to him by the respondent IOCL authorities by a letter dated 28.07.2018.
2.4. Both the petitioners - by the two letters, both dated 28.07.2018 -were asked to deposit an amount of Rs. 40,000/- each in terms of the provisions of the Unified Guidelines and to submit the set of documents specified therein within 7 [seven] working days to the respondent IOCL authorities. It was intimated that Field Verification of Credentials [FVC] would be carried on a designated date and time and the information submitted by the petitioners in their respective application form would be verified with the original documents. The petitioners were asked to produce the original documents during the FVC. It was further infor
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