Procedural errors in document uploads, such as submitting an incorrect page of a lease deed, are curable defects. When original documents satisfy substantive eligibility criteria, authorities must accept corrections rather than rejecting applications on hyper-technical grounds, ensuring the selection process remains fair and merit-based.

JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

Heard Mr. M. K. Das, the learned counsel appearing on behalf of the Petitioner and Mr. M. Sharma, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2 and 3. I have also heard Mr. R. Talukdar, the learned Government Advocate appearing on behalf of the Circle Officer, Sipajhar Revenue Circle, Sipajhar as well as for the Senior Sub-Registrar, Mangaldai.

PREFACE:

2. The present writ petition has been filed by the Petitioner being aggrieved by the email dated 05.11.2023 issued by the Respondent No.3 whereby the candidature of the Petitioner for the Regular/Rural Retail Outlet Petrol Pump) Dealership in area Khandajan Model High School to Maroi Bijulibari Government High School on NH 15 in the district of Darrang was rejected as a Group-1 Candidate.

BRIEF FACTS:

3. The brief facts which led to the filing of the present writ petition are that an advertisement was issued on 28.06.2023 by the Respondent No.2 regarding appointment of Regular/Rural Outlet (Petrol Pump) Dealership at various locations in the State of Assam. In the said advertisement, it was provided that the application for Retail/Rural Outlet Dealership along with online payment of non-refundable application fee should be submitted online by 27.09.2023. The Petitioner was interested in the Retail Outlet Dealership for the location namely Khandajan Model High School to Maroi Bijulibari Government High School on NH-15 in the District of Darrang. The Petitioner having entered into a registered lease deed on 22.09.2023 with Mr. Brajen Deka and Mr. Bhabindra Deka in respect to a plot of land admeasuring 1 Bigha covered by Dag No. 1045 of Periodic Patta No.370 located at Village Bijulibari under Mouza Lokrai within Sipajhar Revenue Circle in the district of Darrang, Assam for a period of 20 years applied as a Group-1 candidate submitted the application on 24.09.2023.

4. At this stage, it is pertinent to take note of that while submitting the application through the online mode, the Petitioner had uploaded the lease deed dated 22.09.2023 with an incorrect page-3. The said page-3 of the lease deed dated 22.09.2023 stipulated that the period of lease shall commence with effect from 01.04.2024.

5. The records further reveal that vide an email dated 19.10.2023, the Petitioner was informed that as the Petitioner was the sole eligible applicant in the location under Group-1, the Petitioner was provisionally selected. It was further mentioned that the said intimation was a preliminary intimation towards the Petitioner's provisional selection for the Retail Outlet Dealership. However, the award of the dealership was subject to compliance of the terms and conditions of the corporation in that regard.

6. Further to that, on the same date, vide another communication dated 19.10.2023, the Petitioner was asked to remit online Rs.50,000/- towards initial security deposit and upload the set of self-attested documents as specified in the said communication so that the application for award of the Retail Outlet Dealership could be processed.

7. The documents which were referred to in the said communication dated 19.10.2023 inter alia included the copy of the land document in support of ownership/leasehold rights. It was also informed that verification of all self-attested photocopies shall be done with the original documents during Field Verification of the Credentials.

8. Pursuant thereto, the Petitioner uploaded the various documents in terms with the communication dated 19.10.2023. Subsequent thereto, on 05.11.2023, the Petitioner was infor