JUDGMENT :

Jay Sengupta, J.:

1. This is an application under Article 226 of the Constitution of India, thereby directing the respondent authorities to quash, set aside and withdraw the vacancy notification vide Memo No. 2876-FMR/13L-36/14 (ptv) dated 01.09.2022 issued by the Director, DDP & S, Food and Supplies Department, Government of West Bengal.

2. Learned counsel for the petitioner submitted as follows. The petitioner’s father, namely Mal Chand Chhjer (since deceased) had been engaged as M.R. Distributor under Sainthia Municipality in the District of Birbhum. In the last few years the petitioner had assisted her ailing, aged father to run the said distributorship business. The petitioner made an application for transferring his father’s Distributorship License in her favour on medical ground, enclosing therewith NOC from the other legal heirs and a representation of his father expressing his willingness to transfer the licence. After enquiry and on completion of formalities, the entire file had been forwarded to the Directorate, DDP & S by the District Authorities with strong recommendation. But, the application was kept pending for about 5 years by the Directorate. As per direction of the Director, DDP & S, the Joint Director (License), DDP & S returned back the file with the instruction to the D.C., F & S, Birbhum to re-submit the file following the Control Order, 2013. The communication dated 23.04.2014 had not been furnished to the petitioner and at a later stage, the petitioner could manage to collect a copy of the same. The petitioner’s father died on 21.07.2014. On his death, the entire tagged dealers were temporarily tagged with the nearby Distributor. Thereafter, the petitioner’s mother was granted Distributorship License on compassionate ground. The dealers were re-tagged. But, the petitioner’s mother died on 25.10.2016. Within 27 days from the date of death of the mother, the petitioner submitted application for Distributorship License in place of her deceased mother with a request to the D.C., F&S, Birbhum to guide her for making a proper application and issue challan for depositing application fee. On the death of the mother, all dealers were temporarily tagged with the nearby Distributor. Since the date of making application on 21.11.2016, the D.C., F&S, Birbhum neither supplied necessary challan for depositing the application fee nor intimated anything to the petitioner, guiding her to make a proper application. Notification no. 625-FS dated 06.03.2017 was published in the Official Gazette, amending the definition of ‘family member’, excluding married daughter. On receiving challan, the petitioner submitted a duly filled in application, enclosing therewith all required documents including application fees, etc on 23.08.2018. In W.P. 449 of 2019, this Court quashed the notification dated 07.03.2017. The Government included ‘married daughter’ within the definition of ‘family member’. In continuation to her previous applications dated 21.11.2017 and 23.08.2018, the petitioner made further application for grant of Distributorship License on compassionate ground, enclosing therewith duly filled in prescribed application and all required documents. The D.C. (F&S), Birbhum forwarded the entire file to the Deputy Director (License), DDP&S to take the next course of action. But, without considering the petitioner’s prayer, a vacancy was notified by the Director, DDP & S. The petitioner’s first prayer dated 21.08.2009, when a married daughter was entitled to get Distributorship License on medical ground, was kept pending by the Directorate for near about 5 years and only after coming into force of the 2013 Control Order, the petitioner was instructed to submit fresh application. Had the application of the petitioner dated 21.08.2009 been considered within a reasonable time, the petitioner would have been granted the license of her ailing father (since deceased) on medical ground. After the death of the mother (on 25.10.