SUBHENDU SAMANTA
Md. Firoz Muktadir Hossain – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. Sub-Divisional Controller (F & S), Berhampore (Sadar) declared a vacancy on 26.09.2022 of Fair Price Shop at the location of Saruliya gate para under Mouza Saruliya, Police Station Beldanga, District Murshidabad.
2. Present petitioner and other candidates including the private respondent submitted application in terms of that notification. Enquiry conducted in respect of proposed godown and shop room of the candidates.
3. Offer letter was issued in favour of the private respondent in respect of FPS licence.
4. The present petitioner being aggrieved by such offer letter in favour of private respondent has filed the instant writ petition on the two grounds:
(ii) The concerned authority has issued the offer letter in favour of the respondent violating the paragraph 7 (b) (ii) of the notifications dated 17th August, 2021.
5. To determine the matter this Court called for the report from the State Authority and on perusal of the report this court disposed of this writ petition on 16th October, 2023, thereby allowed the writ petition and d
Bharat Singh and Ors. Vs. State of Hariyana (1988) 4 SCC 534
Chanrashekharam and Anr. Vs. Administrative Officers and Ors (2012) 12 SCC 133
State of UP Vs. Vijay Kumar Misra (2017) 11 SCC 521
Rakesh Kumar Sharma Vs. State of (NCT of Delhi) (2013) 11 SCC 58
A candidate must meet all eligibility criteria to have standing in challenging an administrative decision; mere dissatisfaction does not confer legal rights.
A writ petition challenging the appointment of a fair price shop dealer on compassionate grounds is not maintainable if the petitioner does not have a judicially enforceable right and the authorities....
The court affirmed that administrative authorities have discretion in determining suitability for licenses, and minor non-compliance with specifications does not warrant judicial intervention.
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, 20....
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