M.H.S.Ansari, J. - (1.) The facts in brief as can be gleaned from the order of the learned single Judge, are as under.
(2.) Pursuant to a notice dated November 5, 1996, petitioner applied for appointment as modified ration dealer (M.R. Dealer). Concerned Inspector (F & S) appears to have held spot enquiry with respect to the candidates including the petitioner and submitted the report before the Sub Divisional Controller. The Area Chief Inspector considered the report and expressed his opinion thereon. The Sub Divisional Controller then furnished the applications, annexure thereto, report of inspection, the opinion of Area Chief Inspector as well as his personal opinion to the Karmadakshya, Khadya-O-Sarabaraha Stayee Samity of Chapra Panchayet Samity. Though the said papers were placed before the said Samity in June, 1998, but no decision was taken thereon and, therefore, the writ application being W.P. No. 17346(W) of 1998 was filed.
(3.) The learned Judge was of the following opinion; "In the normal course I would have disposed of this writ petition by directing the concerned Khadyo-O-Sarabaraha Stayee Samity and in its absence the Sabhapati thereof to decide upon the matter at an early date, but the petitioner relying on two judgments of this Court, one passed by a learned single Judge in W.P. No. 7034 (W) of 1997 and the other by a Division Bench in MAT No. 757 of 1999 submitted that the Khadyo-O-Sarabaraha Stayee Samity has no role to play in the matter of appointment of M.R. Dealers.";