Jayanta Kumar Biswas, J. - (1.) The petitioner in this writ petition dated March 30, 2009 is questioning the selection of the sixth respondent, Santanu Mall, for appointment as an MR dealer for the village Rudrapur, police station Domjur S.D. in the district Howrah (S).
(2.) Notice dated December 19, 2003, at p.20, inviting application from eligible candidates was published by the Sub-divisional Controller (F&S), Howrah (S). The second paragraph of the notice provides as follows: "The applicant must be an Indian citizen, Financially solvent and must be in lawful possession of one suitable godown/shop. He/ She should be capable of maintaining the statutory books of accounts. His/Her solvency is required to be proved by documentary evidence." Both the petitioner and Santanu participated in the process as candidates. Santanu was selected, and I am told that licence appointing him was issued on February 16, 2009.
(3.) According to counsel for the petitioner Santanu's selection and appointment should be cancelled on these grounds : (i) Santanu is not capable of maintaining the statutory books of accounts, since, as will appear from the school leaving certificate dated February 26, 2009, at p.52, he has read only upto class VII; (ii) when on the basis of a mass representation the district magistrate by his letter dated February 17/18, 2009, at p.37, requested the District Controller (F&S), Howrah not to fill the vacancy and to look into the matter, there was no scope to appoint Santanu; and (iii) the petitioner, satisfying all the conditions and showing a very suitable godown making representation against her non-selection, was entitled to get a reasoned decision disclosing why she was not selected. I do not find any merit in the grounds.;