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GAUHATI HIGH COURT
A.K.Goswami, J.
Shri Gopal Das —Petitioner
versus
India Oil Corporation Limited
and Ors. —Respondents
Writ Petition No.4374 of 2015
Decided on 29.9.2016
Counsel for the Parties:
For the Petitioner:Mr. K.N. Choudhury, Senior Advocate
For the Respondent Nos.1 to 3: Mr. M.K. Choudhury, Standing Counsel, Oil
For the Respondent No.4:Mr. B. Sinha, Advocate
Headnote:Constitution of India – Article 226 – Decision of IOCL rejecting the land offered by respondent no. 4 as not falling within the advertised location – Respondent 4 not challenging the same – No adjudication on the issue called for. (Para 21)
Government contract – LPG distributorship – Land offered by respondnent 4 not fallkin g within advertised location – IOCL asking for offering alternate land – Propriety – Last date of submission of application being 31.10.2013, Brochure of 2014 permitting a selected candidate to offer an alternate plot of land would not apply – Brochure of 2013 not stipulating such condition – Brochure of 2013 stipulating offer of more than one plots – Respondent 4, governed by Brochure of 2013 offering only one plot – The alternbate plot could be considered if original plot not found suitable – Instantly, there was no question of suitability – The plot did not fall within the advertised location – Applications not meeting required dimension liable to be rejected – Selection of respondent 4 set aside. (Para 22, 23, 26, 28)
(1997) 1 SCC 53; (2001) 8 SCC 491 – Relied upon
Result: Writ petition allowed.
Arup Kumar Goswami, J.—Heard Mr. K.N. Choudhury, learned senior counsel, appearing for the petitioner. Also heard Mr. M.K. Choudhury, learned senior counsel, appearing for the Indian Oil Corporation Ltd., and Mr. B. Sinha, learned counsel, appearing for respondent No.4.
2. This writ petition under Article 226 of the Constitution of India is filed praying for setting aside the selection of the respondent No.4 for appointment as LPG Distributor for Karimganj (Town), in the District of Karimganj, pursuant to the advertisement published by Indian Oil Corporation Ltd. (IOCL) in “Dainik Jugasankha” in its issue dated 30.09.2013 and the letter dated 14.07.2011, rejecting the petitioner’s complaint, filed before the DGM (LPG) for cancellation of the selection respondent No.4, as well as for a direction to hold a draw, under Clause 5 of the guidelines mentioned in the Brochure for the year 2013, amongst the qualified applicants selected for the draw earlier.
3. The location at Karimganj town is meant for Open Combined Category consisting of physically handicapped persons, outstanding sportspersons and freedom fighters belonging to Open Category. The last date for submission of application was 31.10.2013.
4. According to the advertisement, the applicants should own a plot of land of minimum dimension of 25m X 30m (within 15 Kilometer from municipal/ town/ village limits of the location offered in the same State) for construction of LPG godown for storage of 8000 Kg. of LPG in cylinders. It is indicated that if the plot of land offered does not meet the minimum dimension, the application will not be considered. Clause 3(b), dealing with showroom, provides that a showroom of minimum dimension of 3m X 4.5m, as per the standard layout, is to be made in a shop/land located in the advertised location or locality as specified in the advertisement for LPG distributorship and that it should be easily accessible to general public through a suitable approach road. Clause 4 of the advertisement reads as follows:
“Detailed guidelines on eligibility, infrastructure requirements of land for LPG godown/LPG godown, showroom, infrastructure for Home delivery of cylinders etc. along with the details of selection process are given in the Brochure, which can be collected personally from the address mentioned at para 9 below at a cost of Rs. 50/-. It can also be downloaded free of cost from the websites – www.iocl.com, www.ebharatgas.com, www. bharat-petroleum.in and www. hindustan-petroleum.com of IOCL, BPCL and HPCL respectively.”
5. Clause 6.1(viii) of the Brochure on Guidelines for Selection of Regular LPG Distributors, May, 2013 (for short, “Brochure of May, 2013”) stipulates that the applicant should own a suitable shop of minimum size 3 metres by 4.5 metre in dimension or a plot of land for construction of showroom of minimum size 3 metres by 4.5 metre as on the last date for submission of application as specified in the advertisement or corrigendum (if any) at the advertised location or locality mentioned in the advertisement. It should be easily accessible to general public through a suitable approach road. It also stipulates that in case an applicant has more than one shop of minimum size 3 metre by 4.5 metre in dimension or a plot of land for construction of showroom of minimum size 3 metre by 4.5 metre as on the last date for submission of application as specified in the advertisement or corrigendum (if any) at the advertised location or locality as specified in the advertisement, the details of the same can also be provided in the application. There is another Brochure, namely, Brochure on Guidelines for Selection of Regular LPG Distributors, August, 2013 (Annexure-H of the affidavit of respondent Nos.1, 2 and 3) and Clause 6.1(viii) is identical with that of Brochure of May, 2013.
6. Three applicants including the petitioner and respondent No.4 were shortlisted for selection of LPG Distributorship for Karimganj town. As the selection
