Calcutta High Court (Appellete Side)
Dilip Mondal & Ors vs State Of West Bengal & Ors on 7 August, 2023
Form J(2) IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
WPA 17740 of 2023
Dilip Mondal & Ors.
-Vs.-
State of West Bengal & Ors.
For the petitioners : Mr. Partha Pratim Roy,
Md. Y. Mondal
For the State respondents : Mr. Arka Kumar Nag,
Mr. Sirsanya Bandopadhyay
Heard & Judgment on : 07.08.2023
Bibek Chaudhuri, J.
It is the case of the petitioners that the petitioners
intending to have the dealership of fair price shop wanted to file
online application within the stipulated period of time in respect of
vacancy notification dated 28th March, 2023 issued by the Director of
DDP&S, Food and Supplies Department, Directorate of DDP&S. As per
the petitioners, the petitioners were under obligation to deposit the
form through online mode only by 17 th April, 2023 being 21 days from
the date of publication of vacancy notification. However, it is
contended on behalf of the petitioners that during the entire period
online portal of the Food and Supplies Department was not in
operation and, therefore, they could not file their application through
online mode during the stipulated period of time. Immediately on 19 th
April, 2023 they made an application before the Sub-Divisional
Controller which was received on 20 th April, 2023 stating, inter alia,
that the petitioners could not deposit the application form due to the
non-operation of the official portal. Therefore, the petitioners have
prayed for acceptance of their application. It is submitted by Mr. Nag,
learned Advocate for the State respondents that against the said
vacancy notification 64 applications were received, out of the said 64
applications 14 applications were received online and 50 applications
were received by hand. Thus, it is ascertained from the submission
made by Mr. Roy and Mr. Nag that though in the vacancy notification
dated 28th March, 2023 it was directed that the applications shall only
be taken through online mode but the respondent authority took as
many as 50 applications through offline mode. This matter has not
been notified by the Food and Supplies Department. The applicants
who have already filed their applications have not been made parties
to the instant writ petition. Therefore, in my considered view the
petitioners' representation should be favourably considered by the
State respondents and their applications ought to be accepted by the
State respondents, specially Sub-Divisional Controller of the
concerned jurisdiction on hearing of the petitioners. Entire process of
acceptance of applications be completed within 15 days from the date
of communication of the order by the Sub-Divisional Controller, Food
and Supplies Department.
This order is passed under the facts and circumstances of this
case and it will not create or act as a precedent in respect of similar
other matters.
(Bibek Chaudhuri, J.)
Srimanta, A.R.(Ct.)
Item No. 05.
