SHAHIDA RAHMAN BARBHUYAN Vs. KUNTI MEDHI

JUDGEMENT

(1.) HEARD Mr. K. N. Choudhury, Learned Senior Counsel for the Appellant assisted by Mr. Y. S. Mannan, Advocate for the Appellant in W. A. No. 194/2005, Mr. H. Rahman, Advocate for the Appellants in W. A. No. 312/2005. Also heard Mr. A. M. Mazumdar, learned Sr. Counsel for the Respondent No. 1/writ Petitioner assisted by Mr. M. Nath, Advocate appearing for the private respondent/writ petitioner in both the appeals.

(2.) BOTH these appeals are taken up together for disposal since the appeals are directed against the judgment and order dated 7. 02. 2005 passed by the learned Single Judge in W. P. (C) No. 6063/2003 by which the writ petition was allowed and the impugned Letter of Intent (hereinafter to be referred to as LOI) dated 18. 07. 2003 issued in favour of the writ appellant in W. A. No. 194/2005 along with the communication dated 18. 07. 2003 were set aside and quashed. It was further directed by the learned Single Judge that the LOI in respect of retail outlet dealership in question for which the writ petitioner's husband was selected as the first nominee shall be issued/transferred in favour of the writ petitioner after observing all necessary formalities.

(3.) PURSUANT to the said advertisement, the husband of the Writ Petitioner Siba Kanta Medhi submitted his application afresh praying for allotment of dealership at Doboka. Thereafter, Sri Siba Kanta Medhi was asked to appear before the Dealer Selection Board (hereinafter to be referred to as 'dsb') on 21. 06. 2001 for interview. Accordingly, Sri Siba Kanta Medhi appeared before the DSB for interview along with other applicants on the said date for allotment of dealership at Doboka. On consideration of the relative merits of the three contenders who appeared in the interview on 21. 06. 2001, the DSB selected and short listed the candidates on merit and in the said merit list the name of Siba Kanta Medhi appeared in Serial No. 1 while Smti Sahida Rahman Barbhuyan (Writ Appellant inw. A. No. 194/2005) and one Sri Biswajit Bora were placed at Serial Nos. 2 and 3 of the said merit list respectively.