Subrata Talukdar, J. - (1.) THE short point raised by the writ petitioners in this writ petition is that as on the date of the advertisement for grant of LPG distributorship under the Rajiv Gandhi Gramin LPG Vitrak (for short RGGLV) Schemes, the private respondent No. 7 did not possess the eligibility criterion with regard to residence. Yet, the private respondent No. 7 stood ultimately selected and was awarded the Letter of Intent (for short LOI) by the respondent -Indian Oil Corporation Limited (for short IOCL) till restrained by an interim order dated 4th July, 2012 by an Hon'ble Single Bench of this Court from taking any final decision on the appointment of the private respondent No. 7 as an LPG distributor without leave of this Court.
(2.) THE said interim order has since been continued. Sri Arunava Ghosh, Ld. Counsel appearing for the petitioners straightaway takes this Court to page 32 of the RGGLV selection brochure and submits that in terms of Clause 4(b) specifying the common eligibility criteria for all categories of applicants the mandatory condition by use of the word 'should' has been laid down at Clause 4(b) as follows: - - "be a resident of the town/village(s) of the advertised RGGLV location."
(3.) SRI Ghosh, Ld. Counsel further argues that it is mandatory therefore that the applicant should be a resident of the advertised RGGLV location which, in this case was Village -Indas, District -Bankura. However, from the averments at paragraph 3 of the vacating application being CAN 9835 of 2013 filed by the private respondent No. 7 it is apparent that as on the date of the advertisement which was, in this case 27th October, 2010 the respondent No. 7 was a resident of Village Shyamnagar, P.S. Sonamukhi, District Bankura. It is further an admitted fact, according to Sri Ghosh, that the private respondent No. 7 subsequently applied for change of address from Village Shyamnagar to Village Indas, the latter being the advertised RGGLV location.;