The main legal point established in the judgment is the interpretation of eligibility criteria for M.R. Distributorship, including the term 'group of individuals as an entity' and the inapplicability of certain judgments in the given context.

JUDGMENT :

1. The petitioners have challenged the Memo No. 199A/DCF&S/N24PGS/2021 dt. 28.01.2021 wherein the application of the petitioners for appointment as M.R. Distributor against the vacancy in Minakhan Block under Basirhat Sub-Division, District of North 24 Parganas is rejected.

2. The District Controller (F & S), North 24 Parganas had published a notice in the Official Gazette on 11.07.2018 inviting the applications for filling up the vacancy of M.R. Distributorship at Minakhan Block under Basirhat Sub-Division in the District of North 24 Parganas in prescribed Form “G” with requisite documents and application fee.

3. The petitioner being eligible for the said M.R. Distributorship had submitted an application in the prescribed form enclosing requisite documents along with the fee has required under law.

4. By a Gazette Notification dt. 09.01.2019, the earlier vacancy notice dt. 11.07.2018 notified in the Official Gazette on 23.07.2018 was superseded and applications were invited for filling up the vacancy of distributorship in terms of Clause 26 (i) of 2013, Order in Minakhan, under Minakhan Block in the District of North 24 Parganas. By a proviso, in the said Notification dt. 09.01.2019 it is stated that, “Please note that those applicants, who have applied earlier on the basis of principal notification may opt to consider his/her/their application under this notification on submission of an undertaking to the DCF&S, North 24 Parganas within last date of submission of application”.

5. The petitioner in terms of first proviso of the notification dt. 09.01.2019 made representation to the respondents opting for consideration of their applications. On receipt of the request made by the petitioner, the application of the petitioner was processed and have found that the petitioners have fulfilled the eligibility criteria and have submitted requisite documents and accordingly, the same was forwarded to the Sub-Divisional Controller for conducting enquiry and the Sub-Divisional Controller (F & S) had accordingly conducted spot enquiry.

6. Inspite of the enquiry and spot inspection, the respondents have not taken any decision for appointment of distributorship against the vacancy in question and accordingly, the petitioner had preferred a writ application before this Court being W.P. No. 15260 (W) of 2019 with the prayer for a direction upon the authorities to complete the selection process with respect of the vacancy in question. The Co-ordinate Bench of this Court had disposed of the writ application by directing the concern authority to expedite and conclude the process within a period of two (2) months.

7. In the month of September, 2019, the District Controller (F & S) had issued a notice by cancelling the vacancy in question and refunded the application fee to the petitioner. On 22.11.2019 the Principal Secretary had passed an order which was communicated to the petitioners on 27.12.2019 informing that State had taken a policy decision to cancel all vacancy notifications and to notify these vacancies de-novo after adopting revised norms and guidelines. Being aggrieved with the order of cancellation, the petitioner had preferred a writ application before this Court being WPO No. 359 of 2020. The writ petition filed by the petitioner was disposed of by the Co-ordinate Bench of this Court along with WPO No. 359 of 2020 on 18.12.2020.

8. After the order passed by the Co-ordinate Bench of this Court, the respondent authorities have passed the impugned order on 28.01.2021 which was communicated to the petitioners on 08.02.2021. The reasons for rejection are as follows:-

(i) The applicant i.e. M/s Sonai Food Marketing Pvt. Ltd. is a company. However, applications were invited only from Self Help Groups/Registered Co-operative Societies/Semi Government Bodies/ Individuals/ Group of Individuals as an entity. Thus, the applicant is foun