Pinaki Chandra Ghose, J. - (1.) This application has been filed by the petitioner inter alia for appointment of the private respondent as a dealership in respect of Kerosene L.D.O. dealership.
(2.) Respondent No. 5 published an advertisement on 8th July, 2000 inter alia for appointment of a dealership for kerosene/LDO on open category, for Bally in the District of Howrah. The petitioner duly applied for the same and he was directed to appear on 3rd August, 2001 before the Dealer Selection Board for interview. The petitioner did appear before the Board Selection, Board (hereinafter referred to as the said Board) for such appointment and furnished all the documents. The petitioner also did produce the residential certificate, ration card, voter identity card, documents relating to land situate on the Delhi Road, for the proposed dealership.
(3.) On September 20, 2001 a list was displayed in the office of the said Board wherefrom it appeared that the respondent No. 6 has been empanelled as No. 1 and the name of the petitioner has been empanelled as No. 2. According to the petitioner, the respondent No. 6 is not a permanent resident of Bally, Howrah and did not fulfil the eligibility criteria. The petitioner has also been able to ascertain from the voter list that the respondent No. 6 is not a voter of the said Constituency, and furthermore, she had no ration card when she applied for such dealership. According to the petitioner, the respondent No. 6 made false representation with regard to the eligibility criteria before the said Board and as such she has no right to have such dealership. It is further alleged in the petition that the respondent No. 6 have produced false and fabricated documents relating to her educational qualification which misled the said Board and as such her such selection is bound to be set aside by this Hon'ble Court.;