SAINI STORES Vs. COMMISSIONER FOOD AND SUPPLIES DELHI
LAWS(DLH)-2007-9-253
HIGH COURT OF DELHI
Decided on September 25,2007

SAINI STORES Appellant
VERSUS
COMMISSIONER FOOD AND SUPPLIES DELHI Respondents

JUDGEMENT

- (1.) Issue notice. Mr. L.K.Garg, Advocate accepts notice. With consent of counsel for the parties the matter was heard for final disposal.
(2.) The petitioner had applied on 29.10.2004, upon a notification published eliciting response for licensing of public distribution outlets. On 27.7.2006 it received an interview call requiring the presence of the applicant with necessary documents. The interview was apparently held on 26.7.2006 and 17.8.2006. Thereafter, it received a rejection memo, intimating that the outlet could not be allotted to it. The said rejection memo reads as follows :- "Office of Food and Supplies Officer Cricle " 25, Nangloi Rejection Memo This is to inform you that your application for filling up of FPS/KOD vacancy is General category in the notified area of Nihal Vihar/GHS and7, Pachim Vihar, Nangloi, in the name of M/s. Saini Stores at Nihal Vihar, Nangloi, was not found suitable on merits for grant of license and the same has bee rejected after due consideration by the Selection Board. This issues with the prior approval of the licensing authority and on behalf of the Selection Board. Sd/- (Mangej Singh) FSO, Circle -25, Nangloi"
(3.) The petitioner appealed to the Commissioner (Food and Supplies), Government of NCT of Delhi (hereafter referred to as "the Appellate Authority").The Appellate Authority after considering the record and the grounds of appeal rejected the same inter alia observing as follows : "The licensing authority, i.e. Asstt. Commissioner (North West) has contended that the application of the applicant was rejected by the Selection Board, constituted for the purpose of deciding eligible candidate candidate for grant of authorization for a new FPS. The Selection Board rejected the application of the appellant on the grounds that the applicant had no knowledge about the PDS system; he could not even explain the transaction of amount of his bank account as well as the amount of rent he was paying for the said premises. It has also been observed by the Selection Board that the candidate failed miserably in the interview. The Selection Board was also apprehensive that all the candidates were dummy candidates, acting as proxies for the mafia controlling the PDS and therefore no candidate was found suitable for running a PDS outlet. As regard delay in selection process, the licensing authority has stated that delay in completing the process of filling up the vacancy occurred as the position of APL cards was not certain because of ongoing process of renewal of APL cards. I have carefully gone through the records produced before me. I have also heard the appellant in person. I do not find any merit in the appeal as the application of the appellant was rejected by the Selection Board on the basis of his personal interview and records produced before it. Therefore, there is no reason to intervene with the decision of Selection Board, Resultantly, instant appeal is rejected devoid of merit. Ordered accordingly; Parties to be informed. ";


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