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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
Renjuma Khatun – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SUBHENDU SAMANTA, J.
1.Petitioner applied for license in terms of vacancy notification dated 18th October, 2022 issued by the Sub-Divisional Controller, Islampur. Her candidature was rejected on the ground that proposed shop-cum-godown of the petitioner was constructed over a plot of land which was recorded as a Sarak (road) instead of “Dokan commercial/ Bastu”.
2. Petitioner approaches this court by virtue of a writ petition being no. WPA 11229 of 2024 on the ground that the record of right in respect of the land over which the proposed shop-cum-godown was constructed was erroneously made by the concerned authority. Latter, on the prayer of the petitioner the same was corrected to 'Bastu' from 'Sarak'.
This court disposed of the writ petition vide its order dated 4th April, 2025 and directed the petitioner to approach the authority concerned on the basis of corrected record of right.
3. The direction of this court in the said writ petition is set out herein below:
“Concerned authority is directed to review their stand in respect of allowing the petitioner to be a licensee in respect of vacancy notification dated 18th October, 2022 in the changed facts and circumstances as me
Administrative authorities must adhere to originally stated grounds for decisions, avoiding subsequent introduction of new grounds to reject applications.
An applicant must demonstrate being aggrieved by the selection process to maintain a writ petition challenging licencing decisions.
Parties must demonstrate clear aggrievement to maintain a writ petition against a selection decision, merely participating in the process does not confer actionable standing.
Licenses based on unregistered lease agreements violate mandatory provisions of the Registration Act, rendering such grants illegal.
Eligibility criteria outlined in the Vacancy Notification govern the selection process, with non-compliance resulting in rejection of applications. Principles of natural justice do not override estab....
The court mandates administrative authorities to address grievances of applicants, ensuring transparency in selection processes.
A candidate must meet all eligibility criteria to have standing in challenging an administrative decision; mere dissatisfaction does not confer legal rights.
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