Calcutta High Court (Appellete Side)
Basarot Ali vs The State Of West Bengal & Ors on 17 August, 2023
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
The Hon'ble JUSTICE BIBEK CHAUDHURI
WPA/6796/2023
Basarot Ali
-Vs-
The State of West Bengal & Ors.
For the petitioner: Mr. Tapash Kr. Bhattacharya, Adv.,
Mr. Aviroop Bhattacharya, Adv.
For the State:- Mr. Amrita Lal Chatterjee, Adv.,
Heard on: 17 August, 2023.
Judgment on: 17 August, 2023.
BIBEK CHAUDHURI, J. : -
1. By an order dated 21st July, 2014 the Principle Secretary,
Government of West Bengal and Commissioner of Food invited application
for appointment of a MR Dealership for number of Gram Panchayats
within the district of Uttar Dinajpur including Altapur-I Gram Panchayat.
In the said vacancy notification it was also declared that licence for MR
Dealership would also be granted in respect of village Raghobpur within
Altapur-I Gram Panchayat as it had fallen vacant. The petitioner filed an
application for grant of licence in favour of him. It is stated by the
petitioner that with the permission of the Gram Panchayat authorities he
constructed a godown required for rationing business as per the terms
and conditions of licence and obtained trade licence from the Pradhan of
Altapur-I Gram Panchayat. The petitioner also submitted documents
relating to his financial solvency for the purpose of consideration of his
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application for appointment of MR Dealership for Altapur-I Gram
Panchayat. An inquiry was conducted in the year 2014 to see the
eligibility criteria of the applicant by the Food Inspector and a report was
submitted to the Sub-Divisional Controller, Food and Supplies in the year
2014. However, the petitioner was not granted licence of MR Dealership
though he was selected. It is alleged by the petitioner that after 2014,
whenever the petitioner went to the office of the Sub-Divisional Controller,
Food and Supplies Department, he was asked to visit the higher authority
of the Sub-Divisional Controller. In this way, the petitioner has been
waiting since 2014. Further case of the petitioner that, all on a sudden in
the month of February, 2023 the petitioner came to know that the Sub-
Divisional Controller again declared the said vacancy in the month of
January, 2023 and invited application for filling up the said vacant post of
dealership in respect of Altapur-I Gram Panchayat. Petitioner was not
aware about such vacancy notification. Therefore, after the expiry of the
time limit he submitted his application through online mode.
2. At this stage, it is the only prayer of the petitioner that his
application in online mode may be accepted and candidature may be
considered in respect of grant of licence in favour of the petitioner.
3. At the time of hearing of the instant application, the learned
Advocate for the state respondent submits that report which was
forwarded to him by the Sub-Divisional Controller, Food and Supplies,
Islampur, Uttar Dinajpur. It is contended by the learned Advocate for the
state respondent that the vacancy notification dated 21st July, 2014 was
rejected by the Hon'ble Supreme Court in the State of West Bengal and
Ors. vs. Gitashree Dutta (Dey) reported in (2022) Supreme SC 1415.
4. Since the said notification was rejected, the Sub-Divisional
Controller, Food and Supplies notified fresh vacancy for village Raghobpur
within Altapur-I Gram Panchayat in the year 2023 vide memo
No.1121/SCFS/ISP/2022 dated 16th November, 2022. The said
notification was declared and published after observing all norms under
Clause 20 of the WBPDS, (Maintenance and Control) Order, 2013. The
said order was duly published in 2 local newspapers. The candidates were
asked to submit their application online. There is no provision to accept
any online application as contended by the petitioner.
5. Having heard the learned Advocate for the petitioner as well as the
learned P.P-in-Charge, this Court is of the view that when the competent
authority responsible for granting licence as prescribed a particular mode
of submission of application, any direction allowing different mode of
submission of application will open a floodgate and otherwise eligible
candidates who could not file online application within the stipulated
period of time will also be allowed to grant permission to file application
through online mode.
6. In view of such circumstances, I do not find any merit in the instant
writ petition and accordingly the writ petition is dismissed on contest.
However, there shall be no order as to cost.
(Bibek Chaudhuri, J.)
