IMPORTANT POINT
The court established that changes in law do not retroactively invalidate applications made under prior rules unless explicitly stated.

JUDGMENT :

Subhendu Samanta, J.

1. The Government of West Bengal, Food & Supply Department approved declaration of vacancy of MR Dealership at Ranibandh under Khatra Sub Division, District-Bankura vide No. 2901-FS dated 15.06.2012, subsequently as per instruction of the DCF & S, Bankura vide memo No. 1012 dated 16.07.2012, the SCF & S, Khatra, issued notice vide memo No 381/SCFS/Khatra/MR/appointment/12 dated 18.07. 2012 inviting applications for feeling up dealership vacancy at the approved place, Ranibandh. Several applications were submitted for the proposed license as per proforma under the provisions of West Bengal Public Distribution System (maintenance and control) Order, 2003.

2. The applications were duly inquired into by the area inspector (F&S) Ranibandh, Bankura and submitted a report to SCF & S concern. The present petitioner was considered to be the most eligible candidate since she has fulfilled the required criteria for dealership license. The SCF&S Khatra, forwarded the said file to DCFS, Bankura; and after examining all supporting documents recommended the case of the present petitioner and forwarded the file to the Director DDP& S for final approval. Thereafter the concerned authority has not taken any steps or did not intimated the present petitioner regarding the fate of his license. The petitioner made several representations and petitions to the Authority concern but no positive response was received by the petitioners.

3. Thereafter the petitioner approached this court in a writ petition being no. WP19714(w) of 2015 wherein a Co-ordinate Bench of this Court has directed the authority concern to take appropriate decision within a specific period of time. In response to the said direction the authority concern has issued the impugned order on 18th November, 2015, and thereby rejected the prayer of the present petitioner on the ground that it is beyond consideration according to the law and merits.

4. Hence this writ petitioner.

5. Learned Advocate for the petitioner submits that the act and action of the concerned State Authority is unreasonable, illegal and in violation to the principle of natural justice, thus the same is required to be set aside. The respondent authority did not discharge their duties fairly or justifiably. They kept themselves silent for a long period, after processing the application of the petitioner, now suddenly thereof opinion that in the mean time as the WBPDS (M&C) Order 2013 came into forces, thus, the vacancy notification wherein the present petitioner was applied has been cancelled.

6. He further submits that the State Authority has submitted a report as per direction of this court wherein they have stated that by virtue of notification No. 2643-FS, dated 17.08.2015 the impugned vacancy notification was cancelled.

7. Learned Counsel, for the petitioner submits that the impugned notification dated 17.08.2015 does not speaks about the notification in question, thus the impugned Order passed by the Concerned Authority on the basis of notification dated 17.08.2015 is palpably illegal in the eye of law and required to be quashed.

8. Learned Counsel on behalf of the States submits that the Concern Authority has correctly passed the impugned order on 18.11.2015. In the course of processing the case of petitioner, WBPDS (M&C) Order, 2013 came into force on 8th August 2013 and the Department of Food & Supply issued an order on 20.01.2014 indicating that necessary steps may be taken for filing earlier vacancies for MR Dealership by making fresh Gazette Notification and Newspaper Advertisement etc.

9. In pursuance of the Government Order dated 20.01.2014, the concern District Controller directed to re-notify the vacancies. It is the further case of the petitioner that the delay in proceeding the application of the petitioner is completely procedural as various levels are involved in verifying documents and time is required for getting approval on each level. It is the positive case of the State