RISHI DIKSHIT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE instant writ petition is an off-shoot of the writ proceedings instituted before this Court and subsequently landed before the Hon'ble the Supreme Court culminating in the judgment in Ashok Lanka and another Vs. Rishi Dixit and others, 2005 AIR SCW 2676. On an earlier occasion, one Jitendra Pali had filed Writ Petition No.706 of 2005 as a Public interest Litigation in this Court. The petitioner herein had also filed writ Petition No. 956 of 2005. Originally, in the said writ petitions, the validity of the changes made in the selection process, namely, from manual to computer was assailed, but, an application for amendment of the writ petition was made on 09.03.2005 wherein it was contended that the selection process adopted by the State was vitiated, inter alia, on the premise that no affidavit was filed by the applicants as was mandatorily required by Rule 9 of the Chhattisgarh Excise Settlement of Licences for retail sale of Country/Foreign Liquor Rules, 2002 (for short 'the Rules') as amended with effect from 22/03/ 2005. The contention raised on behalf of the State after the amendment date 22/03/2005 before this court was that Rule 9 of the Rules was directory in nature and in any event, as the said Rule was amended in consonance with the powers of the State regarding retrospective amendment of the Rules, the Selection process was not vitiated.

(2.) THIS Court upon analyzing the provisions of the Chhattisgarh Excise Act, 1915 (No. 11 of 1915) (for short 'the Act') and the Rules framed thereunder was of the opinion that the State was entitled to make the selection of the eligible candidates through computer. This Court, however, opined that the District Level committees did not make any scrutiny whatsoever to find out as to whether the applicants concerned satisfied the eligibility conditions laid down in Rule 9 or not, as no information was required to be furnished in the format prescribed by the Commissioner of Excise in that behalf. This Court further opined that the disclosure of such information by the applicants even before the submission of applications was necessary so as to enable the authorities to satisfy themselves about the fulfillment of various eligibility conditions specified in Rule 9 of the Rules. In that view of the matter, this Court by its order dated 31.03.2005 disposed of Writ Petition No. 956/2005 filed by the petitioner herein directing that a fresh selection be made in terms of the extant Rules. This court while rejecting the wider challenge on the Excise Policy, held that the Circular dated 14.02.2005 issued by the Commissioner of Excise was contrary to the Rules as regards eligibility criteria laid down in Rule 9 thereof were dispensed with. This Court also held that the applications filed by the applicants were not properly scrutinized, except the requirement of Rule 9(c), namely, whether the applicants were back-listed or otherwise not eligible. While holding that the application fees to the extent to 77 crores collected by the State need not be refunded, this Court directed scrutiny of about 2.65 lakhs applications by the respective Districts Level Committees for their satisfaction that all eligibility requirements stand satisfied whereafter only that draw of lottery may take place. This Court, however, for the reasons stated in the judgment although not directed for calling for fresh applications but mandated the State to consider the necessary information required from the applicants by way of affidavits before the candidates are selected for grant of liquor licence.

(3.) THE Supreme Court disposed of all those appeals by its common judgment date 11.05.2005. In Ashok Lanka (supra). The Supreme Court has affirmed the judgment of this Court insofar as the mandatory nature of the statutory rules is concerned and its violation committed by the State Authorities. The Supreme Court while disposing of the appeals has issued certain direction to the State Government and its authorities. Paragraph 92 of the judgment contains the directions which read as follows: