P.K.Mukherjee, J. - (1.) In the instant writ petition, the point that comes up for determination is that whether 'concentration of business' in a family a ground for disqualifying a candidate who is otherwise qualified to be selected as A.R. Dealer.
(2.) In the facts of the present case, the petitioner Madan Mohan Halder, a resident of 62, Nalini Bose Road, P.S. Bijpur, P.O. Kanchrapara, District 24-Parganas (North), was an applicant for appointment of a Dealer near Rajani Babu Road in between the junction of Rajani Babu Road and Mandhari Bazar Road and, Spalding Road, Kanchrapara, in Halisahar sub-area under the Deputy Controller of Rationing, Barrackpore.
(3.) In response to the notification, five applications were altogether received by the respondents and the same were forwarded to the Rationing officer, Halisahar, for enquiry and report. The Shop Selection Advisory Board (though not statutory), being respondent No.3, had been formed to help the Director of Rationing, in the matter of selecting the candidates. The function of the Board, inter alia, was to receive applications scrutinise them and send them for enquiry to the respective Rationing Officer. On receipt of the reports from the concerned Rationing Officer, the Board considered the report and recommended a suitable candidate for appointment to the appointing authority, viz. the Director of Rationing. After the decision of the Board, the entire case records were placed before the Director of Rationing, being the appointing authority, for his perusal. The Director of Rationing after careful consideration and perusal of the recommendation of the Board along with the records, may or may not accept the recommendation of the Board.;