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2024 Supreme(Cal) 656

MOUSHUMI BHATTACHARYA
Shyama Self Help Group – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Debabrata Saha Roy, Mr. Pingal Bhattacharyya, Adv., Mr. Neil Basu, Adv., Mr. Subhankar Das, Adv.
For the Respondent: Mr. Ram Anand Agarwal, Adv., Ms. Nibedita Pal, Adv., Mr. Ramesh Dhara, Adv., Mr. Ananda Gopal Mukherjee, Adv., Ms. Sonam Ray, Adv., Mr. Susovan Sengupta, Adv., Mr. Sanatan Panja, Adv.

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

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