KUNTAL SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present batch of MATs are by way of an intra Court appeal being aggrieved and dissatisfied with the order dtd. 3/12/2020, rejecting the prayer of the writ petitioners for interim relief seeking stay of Government notification dtd. 6/3/2020 whereby and whereunder a vacancy notice for Fair Price Shop (FPS) was issued by the Government.

(2.) The learned Single Judge has refused the prayer for interim relief at the ad interim/ preliminary stage, on the ground that the same would not be prudent in view of the public purpose involved in the impugned notice dtd. 6/3/2020, that also without affording the state an opportunity to place its stand by way of affidavit/s. The learned Single Judge thereafter has directed affidavit-in-opposition to be filed and the matter has been directed to be listed under the heading for hearing.

(3.) Mr. Debabrata Saha Roy appearing for the appellant submits that the requirement of maintaining an amount of Rs.5.00 lakh in deposit for a period of one year, preceding the date of application is an unreasonable restriction imposed by the impugned notification. Such a condition is arbitrary and unsustainable. It is not in furtherance of; rather it is detrimental to the objective of running Fair Price Shop by an unemployed youth, and would serve no useful purpose.