SONAI FOOD MARKETING PVT. LTD. Vs. STATE OF WEST BENGAL
LAWS(CAL)-2021-3-47
HIGH COURT OF CALCUTTA
Decided on March 17,2021

Sonai Food Marketing Pvt. Ltd. Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

Ravi Krishan Kapur, J. - (1.)These two petitions are taken up for hearing together. In WPA No.16013 of 2019, the petitioners seek its right to be considered as a potential distributor in respect of two separate vacancies notified by the State respondents. By two separate Notifications both dated 6 January, 2019 published in the Official Gazette, the respondent authorities invited applications for engagement as a distributor in the Raghunathpur II area and the Jaipur block area both in the district of Purulia. Both the notifications stipulated the eligibility criteria. The notifications also stipulated the prescribed documents which are to be submitted by a prospective applicant.
(2.)Subsequently by an order dated 7 August, 2019 the aforesaid vacancies issued by the respondent authorities was sought to be withdrawn. The order dated 7 August, 2019 is the subject matter of challenge in the writ petition being WPA no. 16713 of 2019.
(3.)Pursuant to the vacancy notification dated 6 January, 2019 the petitioners submitted two separate applications dated 1 April, 2019 respectively. There is nothing on record to demonstrate that the said two applications filed by the petitioner have been considered or dealt with by the respondent authorities. In the affidavit-in-opposition filed on behalf of the respondents there are only two grounds which have been urged by the State respondents (a) that the petitioner no.1 is a company and is not entitled to a distributorship and (b) pursuant to the order dated 7 August, 2019, the vacancy in respect of the areas for which the petitioners had applied have been duly cancelled for all the applicants.
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