JUDGMENT :

Bivas Pattanayak, J. 

1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking direction upon the respondents authorities not to give effect to the purported engagement of the respondent no.10 as a M.R Distributor at Chandipur Block, District-Purba Medinipur vide Memo no. 1076-FMR/13L-36/14 (Pt-V) dated 27th April, 2023 and the license granted pursuant thereto vide License no.25/MR Distributor/Tamluk/23 dated 3^rd May, 2023 and to recall, rescind, cancel the said license granted in favour of respondent no.10 and engage the petitioner as M.R. Distributor in respect of the subject vacancy in place of respondent no.10.

2. The brief fact of the petitioner’s case is as follows

(i) The petitioner having all the requisite qualification and being eligible for being appointed as M.R. Distributor in respect of the subject vacancy made online application on 10th November, 2022 pursuant to the advertisement published by the authority concerned of the Department of Food and Supplies vide memo No. 3393- FS/Sectt/Sup/4M-77/18 dated 22.08.2022 issuing vacancy notice under memo No. 2877-FMR/13L-36/14(Pt-V) dated 1^st September, 2022.

(ii) The petitioner along with four others including respondent no.10 were applicants in respect of the aforesaid vacancy notification.

(iii) Upon such application being made by the petitioner, enquiry was held in respect of petitioner’s godown.

(iv) A report was submitted to the effect that the petitioner’s godown was not constructed as per requirement and therefore the candidature of the petitioner for being appointed as M.R. Distributor was cancelled.

(v) Since the godown of the petitioner had less space as per requirement of the vacancy notification, the enquiry officer after being satisfied with the sanction plan and layout plan granted 25 days to the petitioner to complete the construction of the petitioner’s godown and intimate the concerned authorities.

(vi) After completion of the work of construction of the godown the petitioner duly intimated the concerned authority, however, no steps were taken by the concerned authority for engagement of the petitioner as M.R. Distributor in the subject location.

(vii) The petitioner alleging inaction on the part of respondent authorities preferred a writ petition being no. WPA 6327 of 2023. In the said writ petition, report was submitted by the State authorities intimating that the respondent no.10 has already been engaged as M.R. Distributor and on submissions of learned advocate for the petitioner, the said writ petition was held to be infructuous.

(viii) Being aggrieved by the purported appointment of respondent no.10 as M.R Distributor in respect of the subject vacancy location the petitioner preferred another writ petition being no. WPA 15521 of 2023. However, on 31^st August 2023, said writ petition was disposed of as not pressed as per submissions advanced by learned advocate for the petitioner. Thereafter, an application being CAN 1 of 2023 was filed for recalling of the order dated 31^st August, 2023. Though the said order was not recalled but liberty was granted to the petitioner to file a fresh writ petition on the self-same cause of action. Hence, this writ petition for appropriate orders for grant of licence in favour of the petitioner upon cancellation of the license granted in favour of the respondent no.10 in respect of the subject vacancy location.

3. The State-respondent nos.1 to 9 filed its affidavit-in-opposition with the following contentions:

(i) As per the eligibility criteria under Clause 6 of the vacancy notification dated 1^st September, 2022, for engagement as M.R Distributor, the candidate must possess a godown with a minimum storage capacity of 1000 MT and a minimum area of 6310 Sq. ft. in order to apply for the said selection process. On the date of physical enquiry, it was found that the applicant’s godown and shoproom were not constructed. Thus, the petitioner was ineligible from the very i