Basudeb Panigrahi, J. - (1.) This is an application under Article 226 of the Constitution of India for an appropriate direction to the respondents by issuing a Writ of Mandamus to rescind and/or cancel the appointment of dealership of respondent No. 6.
(2.) The essential facts giving rise to this Writ Petition are as follows :
(3.) There was an advertisement issued by Senior Area Manager, Indian Area Office, Calcutta published in the Amrita Bazar Patrika dated 14.11.95 for appointment of dealership in three places, namely, Sarenga, Landua and Jagadanandapur. The true copy of the advertisement is enclosed in this Writ Petition vide Annexure-A. Pursuant to the advertisement the petitioner submitted his application for such dealership and accordingly he was directed to appear before the Secretary, Oil Selection Board at 11-30 on 29th March, 1996 in Hotel Rat-din. The petitioner appeared before the Oil Selection Board but could not get appointment, instead the Oil Selection Board seems to have selected the private respondent No. 6 in violation of Model Code of Conduct Rules. It has been however, indicated that the selection which were fixed on 4th April, 1996 to 6th April, 1996 were suspended due to Model Code of Conduct. But the Oil Selection Board without following the Code of Conduct since has illegally recommended for giving dealership to the respondent No. 6. The petitioner, therefore, being aggrieved by such order has filed this case.;