Dismissed

Sk. Manjarul Uddin v. State of West Bengal and Ors.

Calcutta HC20 Jun 2023WPA/14050/2023

Case brief

AI extract

What is this about?

The court dismissed a writ petition challenging an office order declaring a new vacancy for the petitioner's ration shop. The petitioner sought to prevent the bifurcation of beneficiaries due to exceeding population limits. The court held the administrative order had merit and the government had the authority to issue fresh guidelines.

What the court decided

AI extract

Sk. Manjarul Uddin Vs State of West Bengal and Ors. — Service and Employment | Calcutta HC (2023)

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Form J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Appellate Side

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Present : The Hon’ble Justice Bibek Chaudhuri

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WPA 14050 of 2023

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Sk. Manjarul Uddin Vs.

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The State of West Bengal & Ors.

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Mr. Bhaskar Chandra Manna

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..for the petitioner

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Mr. Ashim Ganguly Ms. Amrita Chatterjee

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…for the State

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Item No.07.

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Heard & Judgment on: 20.06.2023

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Bibek Chaudhuri, J.

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The petitioner is a licensee and dealer of fair price shop at village Gimagaria within P.S. Contai in the district of Purba Medinipur.

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It is the case of the petitioner that he has been running F.P.S. dealership business in fair manner all along with full satisfaction of all

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concerned including the satisfaction of the Food and Supplies Department as well as the beneficiaries. There are 7399 beneficiaries/card holders to whom the ration caters. However, he subsequently came to know that the Sub-Divisional Controller, Food & Supplies, Contai issued vacancy declaration in pursuance to the approval accorded by the Government of West Bengal, Food & Supplies Department vide Memo No. 77-CFS/2023 dated 3^rd February, 2023 on the pretext of rationalization of excess ration card population of existing F.P.S. and it was settled that the fair price shop owners cannot have beneficiaries more than five thousand card holders. Therefore, with regard to 2399 excess card holders another fair price shop will be established and accordingly a vacancy was declared. Declaration of said vacancy by an office order dated 3^rd February, 2023 is under challenge by the petitioner.

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It is contended by the learned advocate for the petitioner that there was a previous guideline vide Memo No. 3004 F.S. dated 3^rd September, 2021 wherein it was stipulated under the following two situations:-

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Situation-I

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In case of overpopulated F.P.S. having card population of more than 12000, proposals for the new vacancies may be given at appropriate locations of the areas under the service of the existing

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F.P.S. through bifurcation of the card population as may be convenient for the concerned dealers.

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Situation-II

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In case of overpopulated F.P.S. having card population between 10000 to 12000, around 3000 to 5000 cards of the existing F.P.S. may be considered for detagging and to be clubbed with the detagged over populated card of any neighbouring F.P.S.(s) for declaration of suitable new vacancy, the proposal of the same may be given at locations as may be convenient for the concerned beneficiaries.

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Thus, it is contended by the learned advocate for the petitioner that an F.P.S. dealer can cater at least 10000 beneficiaries and if the number of beneficiaries becomes higher than 10000 the concerned authority can bifurcate the beneficiaries and tag them with a new fair price shop for rationalization of public distribution system.

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However, the office order dated 3^rd September, 2021 has been superseded by Memo No. 834 dated 28^th March, 2023. The relevant order issued by the Director of the Directorate of District Distribution, Procurement & Supply is quoted below:-

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“Guidelines for rationalization of excess Ration Card population of existing FPSs through declaration of new vacancies or merger of small Ration Card population with neighbouring FPSs were issued by

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the Department vide No. 3004-FS dated 03.09.2021. In the said guidelines, in case of shops having excess population, it was envisaged that 6500 to 7500 Ration Cards were to be retained with an existing FPS for declaring a new vacancy.

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Later, the above range of retained population was modified to 5000 to 6500 and new vacancy was to be proposed with a range of DRC population of 3000 to 4500 vide No. 328-FMR dated 11.02.2022.

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However, certain issues have been raised from some quarters regarding the retained population and proposed population for a new vacancy which were under active consideration of the Department. Now, after due consideration of the matter it has been decided that for the purpose of proper and complete rationalization of existing Ration Card population for ensuring better service to the concerned beneficiaries through PDS, a new vacancy may be proposed with a population which may be less than 3000 and DRC population retained with an existing FPS may be less than 5000 considering local scenario, convenience/inconvenience of the beneficiaries and in the larger interest of PDS in the locality.

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The guidelines stand modified to the extent as mentioned above. However other criteria of the same will remain unchanged.

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Field level officers will follow the Guidelines as modified hereinabove.

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This issues with the approval of the Secretary, Food & Supplies Department.

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Sd-

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Director, DDP&S “

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Learned advocate for the State respondent submits that the above order now operates the field.

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The petitioner caters 7399 cardholders. He is now entitled to cater the beneficiaries upto 5000 cardholders. Therefore, vacancy was declared in respect of balance 2399 cardholders. There is no ambiguity in the order. The Government has the authority to issue fresh order in superseding the previous one for rationalization of the public distribution system. The petitioner has no authority to challenge such administrative prerogative of the Executive.

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It is not the case of the petitioner that he alone suffers for bifurcation of the number of beneficiaries. The guideline is for all the F.P.S. cardholders operating in the State of West Bengal for rationalization of public distribution system. Therefore, the petitioner cannot challenge the said administrative order dated 28^th March, 2023 on the ground of arbitrariness, mala fide or violative of any constitutional or legal right of the petitioner.

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In view of the above discussion, I do not find any merit in the instant writ petition and the writ petition is dismissed on contest.

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There shall be, however, no order as to costs.

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(Bibek Chaudhuri, J.)

Sk. Manjarul Uddin v. State of West Bengal and Ors.

Case brief

What is this about?

What the court decided

Sk. Manjarul Uddin v. State of West Bengal and Ors.

Case brief

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