SHIBUN LYNGDOH Vs. THE STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Mr. H.S. Thangkhiew, learned senior counsel assisted by Mr. N. Mozika, learned counsel appearing for the petitioners, Mr. S. Sen Gupta, learned GA appearing for the respondents No. 1 -4 and Mr. S.P. Mahanta, learned senior counsel assisted by Ms. S. Pde, learned counsel appearing for the respondents No. 5 -8.

(2.) THE petitioner No. 1 was appointed as Govt. Nominee/Agent in PDS, Khliehriat in the year 2006 and his appointment was renewed/appointed successively till the year 2013. The petitioner No. 2 was appointed as Govt. Nominee/Agent in PDS, Khliehriat in the year 1977 and her appointment was renewed/appointed successively till the year 2013. The petitioners are the Govt. Nominees/Agents in PDS having proven track record for the last several years. The Govt. of Meghalaya in exercise of the power conferred by Section 3 of the Essential Commodities Act, 1955 [10 of 1955] read with the Order of the Govt. of India in the Ministry of Consumer Affairs, Food and Public Distribution, No. GSR. No. 630 (E) dated 31.08.2001, makes the Order called "Meghalaya Foodgrains [Public Distribution System] Control Order, 2004 (for short 'the said Order of 2004'). The said Order of 2004 prescribes the procedure for appointment of Nominees/Agents of the Govt. for PDS. Under the said Order of 2004, applications for appointment of the Govt. Nominees/Agents for PDS are to be against the vacancies duly advertised. Para 05 of the said Order of 2004 provides the procedure to be followed and requisites to be taken into consideration for appointing as Nominees/Agents. The relevant portions of the said Order of 204 are quoted hereunder: -

(3.) IN the above factual backdrop, this writ petition is disposed of by directing the respondents No. 1 -4 to strictly follow the said Order of 2004 made by the Govt. in exercise of the power conferred by Section 3 of the Essential Commodities Act, 1955 [10 of 1955] read with the Order of the Govt. of India in the Ministry of Consumer Affairs, Food and Public Distribution, No. GSR. No. 630 (E) dated 31.08.2001 in the appointment of the Govt. Nominees/Agents for PDS, Khliehriat. As the term of the respondents No. 5 -8 are expiring in the month of December, 2014, this Court is not deciding the illegality or otherwise in appointing the respondents No. 5 -8 in the present writ petition. However, the present issue in the present writ petition which involves public importance will be decided in the appropriate cases. It is made clear that there should be an advertisement calling applications from the eligible candidates for appointment of the Govt. Nominees/Agents for PDS Khliehriat and also that the appointment shall be in strict compliance of the said Order of 2004 issued by the Govt..