STATE OF WEST BENGAL Vs. GITASHREE DUTTA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment dtd. 6/3/2019 in M.A.T No.1341 of 2018 whereby the Division Bench of the High Court of Calcutta has allowed the appeal and set aside the order of the learned Single Judge in Writ Petition No. 661(W) of 2017. The question for consideration in this appeal is whether the State of West Bengal was justified in cancelling the declaration of FPS (Fair Price Shop) vacancies in view of the implementation of National Food Security Act, 2013 (for short '2013 Act').

(3.) Shorn of details, by a Gazette Notification dtd. 30/1/2014, the vacancy for FPS dealership was declared in the District of Alipurduar. The respondent participated in the selection process and was recommended as a first priority candidate in respect of the said vacancy. However, no final order appointing the respondent was issued by the State Authority. While the application of the respondent was pending, a notification dtd. 17/8/2015 was issued by the Food and Supplies Department of the State of West Bengal cancelling the declaration of vacancies. This notification was issued in the light of implementation of the 2013 Act, which is as under: