A library is not an educational institution for the purpose of Rule 8 of the West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003.

1. THE Judgment of the Court was as follows: The Court: The petitioners in this Article 226 petition dated April 26. 2010 are questioning an order of the Secretary, Excise Department. Government of West Bengal dated. March 10, 2010 (at p.85) under sub-section (3) of section 8 of the Bengal Excise Act, 1909.

2. THE petitioners applied for a licence under the Bengal Excise Act, 1909 for sale of liquor on February 12, 2007. By an order dated August 7, 2009 (at p.59) the Additional District Magistrate and Collector, Asansol directed the application to be treated as cancelled.

3. FEELING aggrieved, the petitioners lodged an appeal under section 8(2) of the Act to the Excise Commissioner, West Bengal. By an order dated November 17, 2009 (at p.62) the Commissioner affirmed the order of the Collector. Then the petitioners applied for revision to the State Government under sub-section (3) of section 8 of the Act. By the impugned order the State Government has disposed of the revision petition affirming the order of the Excise Commissioner.

4. THE Collector, the Commissioner and the State Government all have Refused the petitioners licence on the grounds that within 1000 (one thousand)ft of the proposed site there is a Government sponsored sub divisional library.

5. WHILE the Collector has held that if licence is granted to open an F.L. On Shop at the proposed site, then it "may cause serious disturbances in maintaining the ambience of the library," the Excise Commissioner has held that "though a library is not an educational institution," in his opinion, the Collector rightly took the decision, because people use libraries "for acquiring further knowledge," and "libraries are also used by students for education purposes."

6. THE Secretary passing the impugned order held, inter alia, as follows:

"Having heard the petitioner and on going through the submissions made by him, I find no reason to interfere with the orders of the Excise Commissioner dated 17.11.09. It is a fact that libraries are used as knowledge house and provide an opportunity for students and other citizens to gain knowledge. It is therefore natural that a library is likely to be frequented by people of different age group and of all walks of life with the intention to gain access to books to further their knowledge. Thus grant of excise license in the vicinity of a library creates risk of disturbing the ambience suitable for educational purposes. Rule 8 of Notification dated 29.07.03 restricts grant of a new license at a site in the vicinity of an education institutional affiliated to any University established by law, traditional places of worship and hospitals for public use. There can be no doubt that libraries are meant and used for purposes related to education. It is a well settled principle of interpretation of statutes that the spirit of law must prevail where any ambiguity might arise from the letter of the law. Moreover, the petitioner has been provided with an opportunity to offer an objection free site, which has not been considered by the petitioner."

7. THE request for licence was to be considered by the Collector under the West Bengal Excise (Selection of New Sites and Grant of Licence for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003.

8. THE provisions of sub-rule (1) of rule 8 of the rules provide that no licence for retail sale of liquor or any other intoxicants at a new site shall be granted where the new site is situated in the vicinity of an educational institution recognised by the State Government or the Central Government or any college or institution affiliated to any university established by law, traditional places of public worship and hospital for public use.

9. IN the explanation to sub-rule (1) of rule 8 it has been provided that for the purpose of the rule the word "vicinity" means a distance of 1000 ft measuring from the points mentioned in the explanation. In this case the request for licence has been rejected