CHAKRA BHARALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition pertains to award of Rajiv Gandhi Gramin LPG Vitrak (RGGLV) for the location Panigaon in Telahi Block in the district of Lakhimpur under physically handicapped category. The petitioner is aggrieved by rejection of his candidature. Be it stated here that the selection is made by draw of lots and the respondent No.4 has already been selected and he has been issued with the Letter of Intent (LOI).

(2.) Coming to the facts of the case, the petitioner along with other physically challenged candidates offered their candidatures for RGGLV dealership for the location at village- Panigaon under Telahi Block in the district of Lakhimpur. The case projected in the writ petition is that the petitioner in his application gave details of his permanent residence which is village-Dhenudharia, Panigaon Gaon Panchayat. The petitioner as per the requirement of the advertisement also submitted documents relating to land. When he was informed vide Anenxure-3 letter dated 31/08/2012 that he was not found eligible on 2 (two) counts, namely (i) he is not a resident of the advertised location and (ii) the land shown for the dealership is not in his name, the petitioner, as per the liberty granted, submitted representation dated 17/09/2012 enclosing therewith the supporting documents. However, the petitioner was informed vide Annexure-5 communication that his candidature could not be accepted for RGGLV on the aforesaid 2 (two) grounds. On receipt of the said communication, the petitioner submitted another representation dated 06/12/2012 clarifying his position in the matter. However, he could come to know that before the rejection of his candidature conveyed vide Annexure-5 letter dated 15/11/2012, the selection/draw of lot was already conveyed on 10-11-2012 to two candidates, namely, one Shri Pradeep Kalita and another Shri Gokul Dutta (Respondent No.4) furnishing the information that they had qualified for the draw for selection of RGGLV and they should appear for the draw at 10.00 a.m. on 30/11/2012.

(3.) According to the petitioner, his candidature has been rejected on non-tenable grounds and that his candidature has been rejected with a pre-determined mind. It is the plea of the petitioner that he having fulfilled all the conditions of eligibility, his candidature could not have been rejected.