SMT. ARUNA PATOR Vs. BHARAT PETROLEUM CORPORATION LIMITED BPCL AND 4 OTHERS
LAWS(GAU)-2018-5-173
HIGH COURT OF GAUHATI
Decided on May 14,2018

Smt. Aruna Pator Appellant
VERSUS
Bharat Petroleum Corporation Limited Bpcl And 4 Others Respondents

JUDGEMENT

ARUP KUMAR GOSWAMI,J. - (1.) Heard Mr. R. Chakraborty, learned counsel for the petitioners. Also heard Mr. P. J. Saikia, learned counsel appearing for respondent Nos. 1 to 4 as well as Mr. R. De, learned counsel appearing for respondent No. 5.
(2.) The petitioner, respondent No. 5 and some others participated in a tender process initiated by the Bharat Petroleum Corporation Limited (BPCL) through an advertisement dated 30.09.2014, published in "The Assam Tribune", for appointment of LPG Distributor in various locations, including Jagiroad, in the district of Morigaon, which was reserved for Scheduled Tribe (ST) category applicants. The last date for submission of tender was fixed on 31.10.2014. In terms of Clause 9 of the Brochure on Guidelines for Selection of Regular LPG Distributors (for short, "Guidelines"), a draw of lot was held on 12.12.2014 amongst the technically valid tenderers including the petitioner and the respondent No. 5 to select one of them for the purpose of allotment of distributorship at Jagiroad. In the draw of lot, respondent No. 5 was declared to be the selected candidate.
(3.) By filing the instant writ petition under Article 226 of the Constitution of India, the petitioner has called into question the selection of respondent No. 5 and has prayed for a writ of mandamus directing the respondents to hold a second draw of lot with eligible candidates, including the petitioner.;


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