MANJURUL HAQUE CHOUDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE respondent No. 2 vide news paper advertisement published in the Assam Tribune dated 16. 7. 2005 invited Walk-in-Interview application for allotment of Retail Outlets Dealership Under Fleet Operator Category for 15 locations within the States of Assam, Nagaland and Arunachal Pradesh. A place named 'gumrah' in the district of Cachar, Assam was one of the said 15 locations. The date of interview in respect of 'gumrah' outlet was fixed on 4. 8. 2005 at 9. 00 am. The respondent No. 4 who was one of the candidates appeared in the said interview and the dealership of the 'gumrah' outlet was allotted in his favour.

(2.) THE petitioners, who did not apply, in response to the advertisement, have challenged the said allotment of retail outlet dealership in favour of respondent No. 4 by filing this writ petition under Article 226 of the Constitution of India on the ground that in the advertisement itself there was no mention that even a person possessing some trucks would come under the category of fleet operators and would be entitled to apply for the allotment of the dealership. According to the petitioners, as per the guidelines/brochure for selection of Petrol retail outlet under the 'fleet operator category', an intending applicant should have minimum 50 trucks under his possession and as the petitioners did not possess 50 trucks, they did not apply in response to the advertisement aforesaid, but the respondent No. 4, who also did not possess the required number of trucks was allotted the dealership in violation of the established norms.

(3.) RESPONDENT Nos. 2, 3 and 4 have contested the petitioners' claim by filing their affidavit-in-opposition. The respondent No. 4 in his affidavit-in-opposition has stated that he applied in response to the advertisement dated 16. 7. 2005 and he could produce the record regarding ownership of trucks owned by him and that there was no requirement of any specific number of vehicles for getting selected for allotment of retail outlet dealership under 'fleet operator category'. His plea was that he was rightly selected for allotment of the said dealership and as such this writ petition was liable to be dismissed.