Subrata Talukdar, J. - (1.) THE short question which this Court is required to answer in this writ petition is whether the selection of the private respondent No. 5 to the LPG Distributorship of the respondents -Indian Oil Corporation Ltd. (for short IOCL) under the Rajiv Gandhi Gramin LPG Vitrak (for short RGGLV) is legally sustainable or not.
(2.) SRI Raghunath Chakraborty, Ld. Counsel appearing for the petitioner submits that the advertisement for appointing LPG Distributor at Village - Kumra along with other locations within the District of North 24 -Parganas was published on 24th May, 2013. Both the writ petitioner and the private respondent No. 5 along with other applicants applied and the last date for submitting the applications was 26th of June, 2013. It is pointed out by Sri Chakraborty that at the time of submitting her application the private respondent No. 5 declared herself to be a housewife and was permanently residing at her matrimonial home at Village - Bamihati, Habra, District - North 24 Parganas. Taking this Court to several documents both in the writ petition and in the affidavit -in -replies filed on behalf of the writ petitioner, Sri Chakraborty submits that the private respondent No. 5, one Pinki Ghosh got married to one Ajay Ghosh of Village - Bamihati on the 31st of May, 2009. On the 12th of July, 2013 a male child was born to the couple. The permanent address of the parents in the birth certificate of the child was given as Village - Bamihati (Ghoshpara) under P.S. - Habra, District - North 24 Parganas. The birth took place at Henry Grey Nursing Home and Polyclinic, also located at Habra.
(3.) FURTHER taking this Court to the documents annexed to the affidavit -in -reply filed on behalf of the writ petitioner, Sri Chakraborty argues that the rice -eating ('Annaprasan') ceremony of the child was also held at the permanent residence of the private respondent No. 5 and her husband at Village - Bamihati as noted above. Sri Chakraborty argues that at no point of time after her marriage did the private respondent No. 5 stay at her paternal home at Village - Kumra. Therefore, Sri Chakraborty further argues that the private respondent No. 5 illegally represented before the respondents -IOCL while applying for the LPG Distributorship that her permanent address was at Village - Kumra, District - North 24 -Parganas.;