Facts
The petitioner challenged the rejection order dated 30 October 2025 concerning his candidature, alleging that the godown measurement recorded in that order differed from an earlier measurement taken in his presence.
Source reference: para. 1He stated that no further measurement had been conducted in his presence or after notice to him.
Source reference: para. 1The State’s report indicated that the candidature had been rejected for failure to meet the eligibility criteria in the vacancy notification issued under G.O. No. 1465-FS/Sectt./Food/4P-9/2012 (Pt.III), dated 10 April 2023, and confirmed that no second field inquiry had taken place.
Source reference: para. 2, 5The Court had directed the State to explain the discrepancy and, after considering its report, concluded that a further inquiry into the office-room measurement was required.
Source reference: para. 4–6Issues
Whether the discrepancy between the earlier godown measurement and the measurement relied on in the rejection order warranted a further inquiry.
Source reference: para. 1, 4–6Whether the petitioner should be afforded an opportunity to participate in that inquiry before a fresh decision on his candidature.
Source reference: para. 8, 11Law Applied
The Court referred to the eligibility criteria in the vacancy notification issued under G.O. No. 1465-FS/Sectt./Food/4P-9/2012 (Pt.III), dated 10 April 2023, as the basis for assessing the petitioner’s candidature.
Source reference: para. 5No statute, precedent, or distinct legal test was cited.
Source reference: no citationThe Court relied on the need for a further inquiry to resolve the measurement discrepancy and directed that the petitioner receive a personal hearing before a reasoned decision was made.
Source reference: para. 6, 8Reasoning
The State’s report did not resolve the discrepancy between the measurements, and it confirmed that no second field inquiry had been conducted.
Source reference: para. 4–5Because the measurement bore on whether the petitioner met the notification’s eligibility criteria, the Court considered a further inquiry necessary to reach a conclusive decision and to serve the ends of justice.
Source reference: para. 5–8It therefore directed an independent inquiry by respondent no. 4, assisted by an Amin from the jurisdictional BLLRO, with an opportunity for the petitioner to be heard and a copy of the Amin’s report to be furnished to him.
Source reference: para. 8, 11Holding
The Court disposed of the writ petition without deciding the merits of the petitioner’s eligibility.
It directed respondent no. 4 to conduct the inquiry, hear the petitioner, and pass a reasoned and speaking order within four weeks of receiving the order; the decision was to be communicated within the following week.
Source reference: para. 8, 10The rejection order was to remain stayed until the fresh decision, but the inquiry or measurement would create no equity in the petitioner’s favour.
Source reference: para. 9No order as to costs was made.
Source reference: para. 12Original Court PDF
ROKY SHAIKHvsSTATE OF WEST BENGAL AND ORS.
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
