TMI Blog2001 (5) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... one shop. The appellant along with respondent No. 4 and another person filed applications in the Form prescribed under Rule 206 of the Assam Excise Rules, 1945. According to Rule 223, preference was to be given to educated unemployed. The Note with regard to the said Rule stated that an educated unemployed would be one who has passed HSLC or equivalent examination and is without any employment. 4. In the order of settlement on 28th December, 1998, the application of respondent No. 4 was accepted. This was challenged by the appellant and another unsuccessful tenderer by filing an appeal before the Board of Revenue. In the appeal, two contentions were raised - firstly that respondent No. 4 could not be treated as an educated unemployed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at respondent No. 4 was an educated unemployed youth within the meaning of that expression in Rule 223 (2). 7. For the view which we are taking, it is not necessary to go into the question as to whether respondent No. 4 could be regarded as an educated unemployed youth or not. It appears to us that her application should have been rejected at the threshold. We make it clear that this does not mean that we affirm the finding of the High Court that she was an educated unemployed youth. 8. Rule 206 after its amendment in 1981 reads as follows: 206. (1) Save with the special sanction of the State Government all country shops will be settled under the tender system. (2) The tenders must be in such form and contain such parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alance. Security, assets etc. 10. In answer, respondent No. 4 stated as under : Yes, I am financially capable enough to run the business. I shall get financial assistance in this respect from my father and also from my sister and sister's husband. 11. It is clear that respondent No. 4 merely made a general statement that she will receive financial assistance from her father, her sister and her sister's husband. No documents or even affidavits or any other particulars were furnished along with the tender which she had submitted. It was not indicated whether she had any cash in hand or whether she even had any bank balance. Under these circumstances, her tender had to be rejected in compliance with the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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