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MOUSHUMI BHATTACHARYA
Shyama Self Help Group – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The petitioner is a registered and recognised Self-Help Group run by 12 women in the State of West Bengal. The petitioner has challenged a vacancy declaration Notice dated 17.7.2019 issued by the District Controller, Food and Supplies Department, at Jamtalahat, Kultali, South 24 Parganas for appointment of a Modified Rationing Distributor (M.R. Distributor) on the ground of the Notice being contrary to Articles 14, 19(1)(g) and 21 of the Constitution of India. The petitioner seeks a direction on the respondents, including the Commissioner of Food & Supply, the Directorate Food & Supplies Department as well as the District Controller (F & S) to withdraw the impugned Notice. The respondent no. 5/the added private respondent, namely Kultali Food Marketing Company Limited was one of the applicants against the impugned vacancy Notification dated 17.7.2019 and was made a party to the writ petition by an order dated 1.10.2020.
2. The petitioner’s case is that the vacancy Notification dated 17.7.2019 does not give preference to self-help groups run by women. The petitioner has also challenged the financial criterion of the applicant being required to ha
Compliance with court orders, uniformity in vacancy notifications, and transparent selection process
The rejection of applications for distributorship based on criteria not included in the statutory framework is ultra vires and violates principles of natural justice.
The court established that changes in law do not retroactively invalidate applications made under prior rules unless explicitly stated.
The court established that the conditions added in the new vacancy notice were ultra vires and violated the principles of natural justice.
Misuse of statutory power by the respondent authorities and the vitiation of the order dated April 8, 2015 by fraud.
The impugned notification for Fair Price Shop vacancy was found to be in furtherance of the statutory objective for control, protection, supply, and distribution of essential commodities, and the cou....
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