DASHMI PUSHPA SANGA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) DASHMI , the petitioner in the WP No. 21956 (W) of 2011 filed under art.226, is aggrieved by the fact that her application for residence certificate has not been decided by the Sub -divisional Officer, Malbazar in the district Jalpaiguri. Jyoti, the person filing the WP No. 23(W) of 2012 under art.226, has filed the CAN No.4 of 2012 for his addition as a respondent in Dashmi s WP.

(2.) INDIAN Oil Corporation Limited (in short IOC) initiated a selection process for appointing a dealer under the Rajiv Gandhi Gramin LPG Vitrak Scheme. Both Dashmi and Jyoti applied. Dashmi was selected. Jyoti lodged a complaint that Dashmi being not a resident of the advertised location was not eligible to participate in the process. The complaint is to be examined in terms of the provisions of para.15 of the Brochure. Dashmi was required to produce a residence certificate from the Deputy Tahsildar. This was the requirement of IOC. Accordingly, she applied to the Subdivisional Officer, who is also Deputy Tahsildar, for a residence certificate. The Subdivisional Officer did not respond. Counsel for the State has submitted that there is no law that empowers the Subdivisional Officer to issue the residence certificate wanted by Dashmi. Counsel for IOC submits that complaint made by Jyoti will be duly examined in terms of the provisions of para.15 of the Brochure.

(3.) THE question is whether power under art.226 is to be exercised for directing the Sub -divisional Officer to decide Dashmi s application for residence certificate.