A civic volunteer does not hold a civil post under the State Government and is therefore eligible to apply for an FPS license under Clause 20(iiia)(e) of the WBPDS (Maintenance and Control) Order, 2013.

JUDGMENT :

Bibek Chaudhuri, J.

1. On 11th March, 2020, the Sub-Divisional Controller (Food and Supplies), Diamond Harbour, South 24 Parganas published a notification being Memo No.380 inviting the application from intending Self-Help Groups, Registered Co-operative societies, Semi Government Organization, Individuals, Group of Individuals as an entity for filling up the vacancy of FPS dealership at village Chandnagar within Gram Panchayat and Post Officer Patra under Diamond Harbour-II Block. On the basis of such notification, the petitioner submitted his application for dealership before the concerned authority on 16th October, 2020 annexing all the documents as per the notification dated 11th March, 2020.

2. It is also submitted by the petitioner that he had all eligibility criteria, like godown, covered space and other requirements. He also had the qualification and financial capacity for being appointed as FPS dealer of the area. Though, the petitioner filed application for FPS dealership the state respondents sat tight over the matter which resulted in filing a mass petition on 23rd Mary, 2022 before the District Controller (Food and Supplies), South 24 Parganas. Subsequently, the District Controller (Food and Supplies), South 24 Parganas selected the respondent No.6 on the basis of the inquiry reports and comparative chart as submitted by the Sub-Divisional Controller (Food and Supplies), Diamond Harbour. It is found from the said comparative chart that the respondent No.6 Sujan Ghosh fulfilled all eligibility criteria as mentioned in the vacancy notification and other stipulations laid down in GO No.1706FS. Therefore, he was recommended for granting licence for FPS Shop in respect of the above named village.

3. It is further contended by the petitioner the respondent No.6 has no suitable godown within the advertised area. The size of the godown does not correspond with the minimum measurement as per the eligibility criteria. There is no covered space in front of the said godown and also in front of the shop to accommodate at least 20 people. Moreover, the respondent No.6 is an employee of Kolkata Police. It is also alleged by the petitioner that the respondent No.6 did not obtain any no objection certificate from the competent authority and also no permission for construction of a godown from the concerned gram panchayat. Therefore, the petitioner has filed the instant writ petition for the following relief:-

(a) A writ in the nature of Mandamus commanding the respondents, their agents, servants, and associates and each one of them not to give any effect or further effect of approval for Re-notification of FPS vacancy under notification no. 380/Sc/F&S/DH/2020 dated 11.03.2020 for filing up the vacancy of FPS dealership at village-Chandnagar, P.O+G.P-Patra, P.S-Diamond Harbour-II, Block-Diamond Harbour-II, District-South 24 Parganas in favour of respondent no.6 by the Respondent authorities and further commanding the Respondents to withdraw/cancel and rescind the purported approval for Re-notification of FPS vacancy of respondent no.6 issued by the Respondent no.5 herein being annexure P-5 of this Application;

(b) A writ in the nature of Certiorari directing the concerned respondents authorities to transmit and produce all relevant records of the case to this Hon’ble Court so that proper justice may be administered by quashing and setting aside the purported approval for Re-notification of FPS vacancy of the respondent no.6 as FPS dealership at the location as envisaged in annexure P-1 of this writ application and quashed and set aside the purported letter dated 23.5.2022 issued under Memo no.471/SC/FS/DH/22 by the Sub-Divisional Controller (F&S), Diamond Harbour, South 24 Parganas being annexure P-5 of this Application and quash and set aside the same;

(c) A Rule NISI in terms of prayers (b) and (c) and make the Rule absolute after hearing the parties

(d) An order of injunction restraining the respondents no.1 to 5 from giving