MAINUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India praying for a direction upon the respondent authorities to publish vacancy for appointment of FPS dealer at Dubrajpur within Jaswantpur Gram Panchayat in Birbhum in widely circulated newspapers by extending reasonable time for filing application by the intending applicants.

(2.) Learned counsel appearing on behalf of the petitioner submitted as follows. The writ petition was filed claiming that the notification issued by the Sub-Divisional Controller, Food and Supplies, Suri Sadar, Birbhum (in short 'SCFS'), for appointment of FPS dealership at village ' Ghoratori, P.S. Dubrajpur, District ' Birbhum, was not widely published. Rather, the said publication was made in such a fashion that a blue eyed candidate, whose godown was constructed on danga land, might be favoured with the appointment against the said dealership. In the affidavit, the State disclosed the documents wherefrom it appeared that the SCFS issued vacancy notification on 28/1/2022, which was published in the official gazette on 29/3/2022. It was also disclosed that the advertisement in 'The Times of India' and in 'Aajkal' was published by the Director, District Distribution, Procurement and Supply, who was not the authority for such publication under statute. Clause 20(iia) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, provided as follows: - '20(iia) after obtaining the approval of the State Government, the Sub-divisional Controller, Food and Supplies, shall declare such vacancy stating the eligibility criteria through notice in the office notice board and publish the same in the Official Gazette. The Sub-divisional Controller, Food and Supplies, shall simultaneously publish an indicative advertisement of the said vacancy for information to the general public in at least one Bengali newspaper and one English newspaper having State-wise circulation." In terms of the above clause, the Sub-Divisional Controller, Food and Supplies, should publish the advertisement of the vacancy in the papers having State-wise circulars. But, in the instant case, the advertisement of the instant vacancy along with so many other vacancies was published by the Director, DDP and S, in the newspapers, despite having no authority for such publication under statute and that too, not having wide circulation. It was well settled and established for many decades when the statute provided something to be done in a particular manner, the same should be done in that manner only and not otherwise. Reliance is placed on the famous case of Nazir Ahmed versus The King Emperor, followed in a recent judgment reported in 2022 SCC Online SC 1264 (Harbhajan Singh versus State of Haryana and Ors.). The process of declaration of vacancy was vitiated and hence, the applicant could not participate against the said vacancy.

(3.) Learned counsel appearing on behalf of the State respondents submitted as follows. The notice for Fair Price Shop vacancy at Dubrajpur, Village ' Ghoratari, within Jashpur Gram Panchayat in the District-Birbhum was declared by the Sub-Divisional Controller, Food and Supplies, Suri on 28/1/2022, after getting approval from the Department of Food and Supplies, Government of West Bengal. The said notice was also published in the Kolkata Gazette on 29/3/2022. The notice was also published in a daily English Newspaper the 'Times of India' and daily Bengali newspaper the 'Aajkal' on 27/4/2022. The notice was widely published as provided in Clause 20 (iia) of 2013 Control Order. The instant writ petition became infructuous as the issue in the writ petition was wide publication. The publication been made by the Director, DDPS, who was the complaint Authority to make such application. The Director of DDPS was a Superior Authority than the SCFS and enjoyed all the power and privilege. For this reason the paper publication was valid, legal and in consonance with the Control Order, 2013. The petitioner provided wrong facts and figures before the authorities as well as the Hon'ble Court and such act constituted misrepresentation.