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IN THE HIGH COURT AT CALCUTTA
JOYMALYA BAGCHI, GAURANG KANTH
State of West Bengal – Appellant
Versus
Latib Ali Paik – Respondent
Judgment :
Joymalya Bagchi, J.
1. Appellant-State has appealed against judgment and order dated 16.08.2023 passed by the Hon’ble Single Judge whereby the Hon’ble Judge set aside the decision of the Sub-Divisional Controller, Food & Supplies, Diamond Harbour, 24-Parganas (South) holding the respondent no.1/writ petitioner ineligible and remanding the matter for fresh enquiry on the basis of the observations made in the judgment and after considering the financial solvency of preceding one year from the date of enquiry of the applications of respondent no.1/writ petitioner and private respondent no.2 i.e. successful applicant.
2. Facts giving rise to the appeal are as follows :-
3. A vacancy notification for engagement of dealership of fair price shop in respect of Village: Bhushna, P.O. & G.P. – Kamarpole, P.S. Diamond Harbour, Block: Diamond Harbour-II, District: South 24-Parganas was issued on 11.03.2020.
4. In response to the vacancy notice, respondent no.1/writ petitioner and private respondent no.2 made applications for dealership. One of the eligibility criteria set out in the vacancy notice i.e. Clause 6 reads as follows :-
“6. The applicant, for dealership must have Bank Balance
Compliance with court orders, uniformity in vacancy notifications, and transparent selection process
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 upheld that a review can be granted to an aggrieved individual, including non-parties, if vital amendments affecting the case were not earlier considered.
Administrative authorities must adhere to originally stated grounds for decisions, avoiding subsequent introduction of new grounds to reject applications.
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 rejection of applications for distributorship based on criteria not included in the statutory framework is ultra vires and violates principles of natural justice.
The court established that the conditions added in the new vacancy notice were ultra vires and violated the principles of natural justice.
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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