Compliance with court orders, uniformity in vacancy notifications, and transparent selection process

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 have a bank balance of Rs. 50 lakhs as on the date of application and one year preceding that date.

3. Learned counsel appearing for the petitioner submits that preference given to women run self-help group (SHG) was withdrawn by a Notification dated 18.12.2018 but that 38 vacancies were Notified in 2019 giving preference to such SHGs. Counsel submits that 38 vacancies for M.R Distributors were withdrawn on 7.8.2019 to the extent of the requirement of a bank balance of Rs. 50 lakhs save and except the impugned vacancy Notification dated 17.7.2019 which related to Jamtalahat. It is also submitted that that fresh vacancies have since been notified all over West Bengal with the condition of Rs. 25 lakhs as bank balance except the impugned vacancy Notice at Jamtala Hat, Kultali. Counsel also places earlier proceedings filed by the added respondent no. 5 and one Barun Ghosh in 2015 challenging an earlier vacancy Notice dated 13.7.2015. Counsel places the judgment dated 3.2.2016 passed by a Co-ordinate Bench by which the vacancy Notification dated 13.7.2015 was stayed. On appeals filed by Kultali Food Marketing Private Limited and the State, the Division Bench directed the State Government to notify a fresh vacancy at Jamtalahat Kultali pursuant to which the impugned vacancy was notified on 17.7.2019.

4. Learned counsel appearing for the State submits that the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 was amended on 18.12.2018 removing the preferential treatment given to self-help groups. Counsel submits that the impugned vacancy Notice of 17.7.2019 was published only after the amendment. Counsel submits that the petitioner did not challenge the amended Notification dated 18.12.2018. Counsel submits that the Food & Supplies Department, Government of West Bengal issued an Order on 21.7.2014 prescribing the guidelines in respect of the financial capacity of the applicants in exercise of the power conferred upon it under section 3 of The Essential Commodities Act, 1955. It is further submitted that the impugned vacancy Notice at Jamtalahat was not cancelled by the State in view of the two appeals filed before the Division Bench. Counsel submits that the Division Bench directed the State to initiate steps for issuance of fresh advertisement in accordance with the provisions of the Control Order, 2013. The impugned vacancy Notice of 17.7.2019 was published pursuant to the direction of the Division Bench.

5. Learned counsel appearing for the added respondent no. 5/Kultali Food Marketing Company Limited reiterates the submissions made on behalf of the state by urging that the impugned vacancy Notice is in compliance with the direction passed by the Division Bench in its judgment dated 25.9.2018. Counsel submits that the vacancy at Ja