IMPORTANT POINT
The main legal point established in the judgment is the interpretation of 'residence' in the context of Clause 15(c) of the guidelines for L.P.G. distributor selection, emphasizing the requirement of continuous living in the advertised location for a considerable period of time to qualify as a resident.

JUDGMENT :

1. Heard Mr. K. Gogoi, learned counsel for the petitioners. Also heard Mr. A. Zahid, learned counsel for the respondent Nos. 1 & 2 and Mr. S. Islam, learned counsel for the respondent No.3.

2. By filing this petition under Article 226 of the Constitution of India, the petitioners are seeking for setting aside and quashing of the impugned selection of respondent No.3 as Durgam Kshetriya Vitrak at Bilpar under Shyampur Gaon Panchayat as L.P.G. distributor of respondent company, Indian Oil Corporation Ltd.

3. Pursuant to an advertisement published in the Assamese daily newspaper “Axomiya Pratidin” on 12.06.2018, the respondent authorities along with Bharat Petroleum Corporation Ltd. and Hindustan Petroleum Corporation Ltd., for appointing distributors for liquid petroleum gas (LPG) cylinders in various areas with various type of market under various categories in the State, the petitioners who belonged from Shyampur Gaon Panchayat applied for the category of Durgam Kshetriya Vitrak for the place of Bilpar under Shyampur Gaon Panchayat at Dalgaon under Darrang district, submitted online application forms on 13.07.2018.

4. The respondent authorities in terms of the brochure published on unified guidelines for selection of L.P.G. distributors (hereinafter referred to as ‘guidelines’) for Sheheri Vitrak, Rurban Vitrak, Gramin Vitrak was required to conduct the selection.

5. Clause 15(c) of the said guidelines provided the manner in which inter-se priority is to be adopted at the time of draw of lots which is as follows-

"Inter se' priority in draw of lots for Durgam kshetriya Vitrak.

C. Inter se' priority is given in the draw of lots to the eligible applicants for the Durgam Kshetriya Vitrak locations only as per the following order:

i. Eligible applicants, residing in the concerned Gram panchayat of the advertised location.

ii. Eligible applicants, residing in the concerned Revenue Sub-Division of the advertised location.

iii. Eligible applicants, not residing in the concerned Gram Panchayat or in the concerned Revenue Sub-Division of the advertised location."

For Sheheri Vitrak, Rurban Vitrak, Gramin Vitrak, the inter se' priority based on residence of candidate in the concerned Gram Panchayat or concerned Revenue Sub-Division will not be applicable.”

6. The list of applicants found eligible for draw of lot for selection of L.P.G. distributors by giving Inter-se Priority List 1 (applicants residing in the concerned Gram Panchayat of the advertised location), Inter-se Priority List 2 (applicants residing in the concerned revenue sub-division of the advertised location) and Inter-se Priority List 3 (applicants not residing in the concerned Gram Panchayat or in the concerned revenue sub-division of the advertised location) was published.

7. Pertinent, that the petitioner’s names were included in the Inter-se Priority List 1.

8. Thereafter, the petitioners were also informed vide a letter dated 20.07.2018 that they have been qualified for online computerized draw of lots to be held on 27.07.2018 at the Deputy Commissioner’s Office, Kamrup.

9. On 27.07.2018, when the petitioners attended the draw of lots, it came to their notice that in the Inter-sePriority List 1 the names of three (3) candidates appeared who does not belong to stipulated area of Shyampur Gaon Panchayat. Accordingly, the petitioners verbally objected before the authority that the candidate at Sl. No.1, i.e., Ujjal Ghosh belongs to Mangaldoi town, the candidate at Sl. No. 2, Abdul Latif Mandal belongs to Kopati Gaon Panchayat and candidate at Sl. No. 4, i.e., Nokibul Islam (respondent No.3) belongs to Baligaon Gaon Panchayat.

10. After the objection raised by the petitioners, the draw of lots held on 27.07.2018 was cancelled and was again held on 10.10.2018. However, without considering the objection raised by the petitioner, the respondent No.3, i.e., Nokibur Islam was declared selected to be appointed as the L.P.G. distributor at Bilpar under Shyampur Gaon Pan