Misrepresentation in eligibility criteria leads to rejection of candidacy for distributorship.

1. Heard Mr. P. Roy Barman, learned counsel appearing for the petitioner as well as Mr. B.N. Majumder, learned counsel appearing for the respondents - Indian Oil Corporation.

2. The facts in brief: -

In response to an advertisement notified in the daily newspapers of Tripura wherein applications were invited from the eligible candidates for appointment of LPG distributors at Village - Kathalia, within Gram Panchayat Block - Kathalia, District - Sepahijala, the petitioner applied for appointment of LPG distributorship. The said notification contains the eligibility criteria as reproduced here - in - below: -

“ a. Applicants should be an Indian Citizens and be a resident of India.

b. Applicant should have passed minimum 10th Standard examination or equivalent from a recognized Board. However, the criterion of educational qualification is not applicable for applicants belonging to Freedom Fighter(FF) category.

c. Applicant should not less than 21 years and not more than 60 years in age as on the date of publication of the advertisement / Notification. There is no age restriction for applicants applying for location reserved under Freedom Fighter(FF) category.

d. Applicant should not be a family member of any employee of Oil Marketing Companies as on date of Application.

e. Fulfill Multiple Dealership / Distributorship norms, which means the applicant or any other member of 'family unit should not hold a Dealership / LPG Distributorship of letter of intent (LOI) for a dealership / LPG distributor of any PSU Oil Marketing Company.

The Multiple Dealership / Distributorship norms will not be applicable to applicants who are existing SKO dealers of OMCs and operating below average allocation of 75KL of SKO per month during the immediate preceding to submit documentary proof of Kerosene allocation issued by the allocating authority of the State Govt. / Divisional / Territory / Regional Office of the Oil Marketing Company, as the case may be.

Similarly, the Multiple Dealership / Distributorship norms is not be applicable to NDNE (Non - Domestic Non - Essential) Retailers / LPG Distributors appointed by PSU Oil Marketing Companies for exclusive marketing of NDNE / LPG Cylinders.

The existing kerosene (SKO) dealer of any PSU Oil Marketing Company (OMC), if selected, will surrender their kerosene(SKO) Dealership prior to issuance of letter of appointment.

Similarly, The NDNE retailer ship / Distributorship(s), if selected will have to surrender their NDNE retailer ship(s) / distributorship(s) of any OMC in their name or any member of the family Unit prior to issuance of letter of Appointment of LPG Distributorship.

f. Applicant should be physically and mentally sound to be able to run the business. That is, the applicant should not be totally paralyzed or mentally unsound or who suffers from insanity and is deprived of cognitive faculties.

g. Applicant should neither have been convicted nor charges being framed by any court of law for any criminal offence involving moral turpitude / economic offences.

h. The Applicant should not be a signatory to distributorship / dealership agreement, terminated on account of proven cases of malpractice / adulteration of any oil marketing company / not having resign from sole proprietorship of any dealership / distributorship of any PSU Oil Marketing Company in order to transfer the dealership / distributorship in favour of any of his / her family member(s) as defined in the dealer / LPG distributor selection guidelines.”

2.1. The petitioner being found eligible in terms of her application was called for to participate in the draw of lots at a specified place on a specified date. She became successful