(1.) Head Mr. G.. Sahewalla, learned senior counsel for the petitioner and Mr. B. P. Katakey, learned counsel for the respondent.
(2.) In this application under Article 227 of the Constitution, the petitioner has challenged the decision of the dealers Selection Board (Assam and Manipur), (hereinafter referred as the Board) in selecting respondent No. 5 Sri Mridul Adhyapak for LPG distributorship of Bharat Gas at Moranhat in the district of Sibsagar.
(3.) Pursuant to the notice issued by the Board, the petitioner along with respondent No. 5 Sri Mridul Adhyapak had participated in the selection process and respondent No. 5 was subsequently selected. The selection has been challenged mainly on the count that it is in violation of the eligibility criteria, more particularly clause 6, which reads as follows : 6 GROSS INCOME : The candidate should not have gross income of more than Rs. 2 Lakhs for the last financial year, as specified in the advertisement. The income for this purpose will include that of self, suppose and defendant children. If the candidate is dependant on the parents, then their income will also be taken into consideration for computing the total income."