The court established that the conditions added in the new vacancy notice were ultra vires and violated the principles of natural justice.

JUDGMENT :

1. The petitioners have challenged the vacancy notice dt. 09.01.2019 and prayed for declaring Clauses 1, 2, 7 & 8 of the said vacancy notice as ultra vires and setting aside notices dt. 03.12.2020 and 04.12.2020 wherein the application of the petitioners for appointment as distributor against the vacancy for Hingalganj Block, North 24 Parganas was rejected.

2. The District Controller (F & S), North 24 Parganas had published a notice dt. 11.07.2018 in the Official Gazette on 23.07.2018 inviting applications for filling up the vacancy of M.R. Distributorship at Hingalganj Block under Basirhat Sub-Division in the District of North 24 Parganas in prescribed format Form “G” with requisite documents and application fee.

3. The petitioner being eligible for the said M.R. Distributorship have submitted an application in the prescribed form enclosing requisite documents along with the fee as required in the vacancy Notification dt. 23.07.2018.

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dt. 09.01.2019, the earlier vacancy notice dt. 11.07.2018 notified in the Official Gazette on 23.07.2018 was superseded and applications were invited for filling up the vacancy of distributorship in terms of Clause 26 (i) of 2013, Order under Hingalganj Block in the District of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. In the Notification dt. 09.01.2019 some eligibility criteria being Serial Nos. 1, 2, 7 & 8 were added. The petitioner in terms of first proviso of the notification dt. 09.01.2019 made representation to the respondents opting for consideration of their application. On receipt of the request made by the petitioners, the application of the petitioners were 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. 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 petitioners have preferred a writ application before this Court being W.P. No. 14509 (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 months.

7. On 07.08.2019, the District Controller (F & S) had issued a notice by cancelling the vacancy in question and refunded the application fee to the petitioners. Being aggrieved with the order of cancellation, the petitioners have preferred a writ application before this Court being WPA No. 16833 of 2019 praying for quashing of the impugned order of cancellation and consequential order for appointment of distributorship against the vacancy declared by the respondents. The writ petition filed by the petitioner was dismissed by the Co-ordinate Bench of this Court on 16.09.2020. Being aggrieved with the order of dismissal dt. 16.09.2020 the petitioners have preferred an appeal, being MAT No. 617 of 2020 which was subsequently renumbered as FMA No. 913 of 2020.

8. The appeal preferred by the petitioners was disposed of by the Hon’ble Division Bench on 09.10.2020, wherein the order dt. 07.08.2019 issued by the authorities and the order passed by the Ld. Single Judge were set aside and the respondents were directed to process the application of the petitioners for engagement of M.R. Distributor for Hingalganj Block i