S.B. Sinha, J. - (1.) A question as regards validity of a circular letter issued by the Director, District Distribution, Procurement and Supply and addressed to all District Magistrates, Deputy Commissioners, etc., laying down procedure for appointment of M.R. distributors and M.R. dealers in rural and urban areas arises for consideration in this application.
(2.) The petitioner, respondent No. 8 and various other persons applied for appointment Modified Ration Dealer for Ganjadanga and Char Kesto Sali under Mayapur Bamanpukur No. 2 Gram Panchayat, District - Nadia. An enquiry was made by the concerned authorities and the case of the petitioner was recommended by the concerned authorities. However, the Sub-Divisional Controller, Food and Supplies upon receipt of such recommendation sought for further recommendation from the Sthayee Samiti which sent its recommendation in favour of the private respondent. Pursuant to or in furtherance of the said recommendation, the private respondent had been appointed as M.R. Deeler. However, despite such appointment, in view of the interim order passed by this Court, nobody has started functioning.
(3.) The petitioner, in the Writ application had, inter alia, questioned such order of appointment issued in favour of the private respondent, inter alia, on the ground that the same had been issued by the licensing authority without any application of mind and without giving the petitioner an opportunity of hearing, despite the recommendation made in his favour. The petitioner has further contended:- "That your petitioner also came to learn that the Sub-Divisional Controller, Food and Supplies, Krishnagat, Nadia on receipt of the said recommendation from the concerned Sthayee Samity sent the same to the Sub- Divisional Officer, Sadar (South) for getting approval." ;