Kalyanmoy Ganguli, J. - (1.) The twin grieves of the petitioner in the instant, application under Article 226 of the Constitution of India, are the proposed appointment of the respondent no. 6 as an appointed whole seller for non rationed articles in respect of Chitpur, Cossipore and Jorabagan sub -areas and the non appointment of the petitioner as such. All the parties Piled affidavits and the matter was heard at quite some length.
(2.) The short case of the petitioner is that on or about September 20, 1999 the respondent no. 1 who is the sole authority for appointment of dealers under the West Bengal Rationing Order, 1964 issued a notice inviting applications from persons desirous of being appointed as appointed Whole seller for non rationed articles. A copy of the said notice has been annexed to the petition marked with the letter 'A'.
(3.) There are three clauses which need special mentioning at this initial stage namely: (i) that the candidate concerned must have a suitable godown space comprising a covered effective floor space of at least 1000 sq. ft. of his own or rented by him at the location mentioned in paragraph 1 of the said notice; (ii) that he should possess at least Rs. 5,00,000/ -either in cash or to bank deposit or in both. "In case of bank deposit the amount must be liquid enough in state to be withdrawn at short notice"; and (iii) "any form of canvassing will automatically disqualify a candidate for appointment. Pursuant to the aforesaid advertisement the petitioner along with diverse other persons made applications for being appointed whole seller for non rationed articles.;