importants points
In absence of any statutory rule, order or notification operating in the field, relevant criterion can be ascertained from the form of the applications filed by the parties.
When the authorities properly considered all aspects, Court should not enter into merits of the decision.

judgment

S.B. Sinha, J. —

1.Leave granted.

2.The parties hereto were contenders for grant of a Modified Rationing (MR) Shop. The MR shop in question situated in village Sasanga was given to one Abdul Salim who was appointed as a MR dealer. He was found to have been committed some irregularities in relation to distribution of Kerosene. An enquiry in regard thereto was conducted. His licence was suspended. He preferred an appeal thereagainst. The Appellate Authority while confirming the suspension of licence for kerosene, however, directed restoration of dealership in respect of other items like rice, wheat, sugar etc.

3.Salim filed a writ petition which ultimately came up for hearing before a Division Bench. Keeping in view the fact that in the mean time MR dealership at village Sasanga was given to the first respondent herein, the Division Bench give liberty to Salim to make him as a party in the appeal preferred before the appellate authority.

4.During the pendency of the said proceedings, a regular selection for appointment process of MR dealers at Sasanga village was conducted. There were three contenders, one of them being one Ms. Sarama Mondal left the fray in the midway. Between rest of the two, recommendations were made by the competent authority to grant MR dealership of Sasanga to Achintya. Pursuant to the said recommendations, the Collector (District Controller) granted MR dealership to the first respondent by an order dated 15.2.2002.

5.A writ petition filed by the appellant herein was allowed by a learned Single Judge of the High Court. However, on an intra-court appeal having been preferred by the first respondent herein, a Division Bench of the Court allowed the same by reason of the impugned judgment dated 9.11.2006.

6.The appellant is, thus, before us.

7.Mr. S.B. Sanyal, learned senior counsel appearing on behalf of the appellant, inter alia, submitted that the Division Bench committed a manifest error in reversing the judgment of the learned Single Judge insofar as it took into consideration irrelevant factors, namely, educational qualifications of the candidates. It was urged that the learned Single Judge having taken into consideration the fact that the respondent did not own a godown on the date of filing of the application which was the determinative factor for grant of the dealership and the appellant herein having fulfilled the said criteria was entitled thereto.

8.Mr. Jaiswal, learned counsel appearing on behalf of the first respondent, on the other hand, supportted the impugned judgment urging that the learned Single Judge, in a case of this nature, could not have exercised the power of judicial review.

9.Grant of MR dealership in the State of West Bengal does not appear to be governed by any statute or statutory rules. Appropriate Authority, however, have issued a notification on or about 21.11.2000 pursuant whereto, both, the appellants and the first respondent, filed their applications. So far as the appellant is concerned, he is said to be owning a godown of which he had been in possession. His financial solvency was stated to be Rs.50,000/- and the trade proficiency and experience in running the business for about five years. First Respondent had, however, in his application stated that he had been in possession of a godown which had been donated to him by his uncle.

10.The Sub-Divisional Controller of Food and Supplies, upon taking into consideration the relevant criteria for grant of MR dealership, made recommendations in favour of the first respondent. An enquiry thereto was also made. A spot visit was made by the competent authority. Qualifications and experiences of the respected candidates were taken into consideration and the first respondent was recommended by the Competent Authority on or about 26.2.2001. The District Controller of Food and Supplies thereafter passed an order on 15.2.2002 granting dealership in his favour, stating :

“In due deference to the direction of His Lordship Honble Jus