22.05.2025 Item No.3 Ali ct. no.24 WPA 10287 of 2025 Manash Barikder Vs.

State of West Bengal & Ors.

Mr. Debabrata Saha Roy, Sr. Adv., Mr. Pingal Bhattacharyya, Mr. Subhankar Das …… for the petitioner.

Mr. Kishore Datta, Ld. A.G., Mr. Biswabrata Basu Mallick, AGP Mr. K.M. Hossain ……for the State.

Present writ petitioner has challenged the vires of Clause 11(v) of West Bengal Targeted Public Distribution System (Maintenance & Control), Order, 2024.

It is the case of the petitioner that the concerned Sub-Divisional Controller, (Food & Supplies) had issued vacancy notifications, wherein the eligible criteria has been incorporated in Part-II amongst the other eligible criteria. The parameters of age limit of individual applicants have been specified that their age must be above 21 years and below 45 years on the date of application. The said eligible criteria followed Clause 11(v) of the Control Order, 2024; for better appreciation of the discussion, let me set out the relevant clause of Control Order, 2024.

“11. Eligibility criteria for application for grant of license for Fair Price Shop. An individual or a registered partnership firm or a registered Co-operative Society or a Self help Group or a Sangha and Mahasangha of Self- Help0 Groups, who fulfills the following eligibility criteria may apply for grant of a license for fair price shop on payment of an application fee of Rs. 1,000/- namely:-

(i) The individual applicant of the registered partnership firm or members of the registered Co- operative Society or members of the Self-Help Groups or Sangha or Mahasangha of Self-help Groups applying for a Dealer vacancy must be adult Indian Citizen(s)

(ii) If the applicant be Self-help Groups of Sangha or Mahasangha of Self- help Groups or registered Co- operative Society, it shall have their registered address in the concerned district.

(iii) In case of individual applicant, he should be a bona-fide resident of concerned Gram panchayat or the Ward of Sub-area, as the case may be, in which vacancy occurred.; in case of registered partnership firm at least one partner shall be permanently residing in the concerned district.

(iv) The applicant must have basic knowledge of handing smart phones/e-POS devices.

(v) The individual Applicant or partners in the partnership firm must be above 21 (Twenty-one_ years of age and below 45 (forty Five) years of age on the date of application. Proof showing date of birth should be furnished”.

It is the case of the petitioner that they have just cross the age limit of 45 years so they are debarred to participate in the vacancy notification.

Mr. Debabrata Saha Roy, learned senior counsel for the petitioner submits that impugned vacancy notification following Clause 11(v) of West Bengal Targeted Public Distribution System (Maintenance & Control), Order, 2024 is violative to the fundamental rights of the petitioner.

It is the further contentions of Mr. Debabrata Saha Roy that by virtue of Article 19 of Constitution of India the present petitioner being a citizen of India shall have right to participate any profession, trade or business, by promulgation of the Clause 11 (v) of Control Order, 2015, the valuable of fundamental rights of the petitioner to conduct business has been debarred by the State.

Mr. Debabrata Saha Roy further argued that this Court in previous batch of writ petition being WPA 6533 of 2025 and Ors has observed that Sub Clause (V) of Clause 11 of Control Order 2024, prima facie, violative to the guaranteed under Article 19(1)(g) of Constitution of India and has passed interim order. The present petitioner being aspirants to the vacancy notification are also deserve similar interim order.

Learned Advocate General submits that the petitioners being the citizen of India who are not performing any businesses with the Government, have no fundamental rights to maintain the instant writ petition.

Learned Advocate General contended that the impugned business is for distribution of food grains to the targeted