Minu Biswas vs State of West Bengal

Biswanath Somadder, J.—Let the affidavit of service filed in Court today be kept on record.

The subject matter of challenge in the instant writ proceeding is a decision rendered by the District Controller (Food & Supplies), Nadia, on 3rd June, 2016. It appears that such decision has been rendered consequent upon an order passed by this Court on 11th December, 2015, in W. P. 4782 (W) of 2014.

Perusing the impugned decision dated 3rd June, 2016, it appears that the petitioner''s plea for grant of licence for MR Distributorship on compassionate ground, upon death of her husband, was considered and rejected by the District Controller (Food & Supplies), Nadia, primarily based on two reasons, which are as follows:-

"(1) The Godown premises is changed and four proposed different Godowns are situated at different places having distance between 01km to 04km (approx) from the previous ones in place of 500 meters, in consistent with departmental order under No. 1994(19)FMR/11S-15/2013 Dated 18/05/2015. At the same time the Godown capacity is not 1000MT in consistent with G.O. No. 1707-FS Dated 21.07.2014.

(2) Financial capacity of yourself is Rs.21,00,000/- (Rs. Twenty one lac) only in place of Rs.50,00,000/- (Rs. Fifty lac) only as working capital against G.O. No. 1706-FS Dated 21.07.2014."

During the course of hearing, the learned advocate appearing on behalf of the petitioner submits that his client is ready and willing to comply with the two requirements, as stated hereinbefore. However, he submits that his client requires a little time in order to do so, particularly in view of the fact that upon the death of her husband, her family''s source of livelihood was lost. Moreover, ever since her husband''s death, the MR Distributorship stood transferred to another distributor on a temporary basis, which is still subsisting.

On the other hand, the learned Additional Advocate General submits that even though it is a case for grant of distributorship licence on compassionate ground, no leniency can be shown in favour of the petitioner since the eligibility criteria required to be fulfilled by a person seeking distributorship licence on compassionate ground is the same as that of a person applying for a new licence.

Undoubtedly, the petitioner was required to fulfil the required eligibility criteria for the purpose of obtaining MR Distributorship licence � even on compassionate ground. The conditions, which remain unfulfilled, therefore, are required to be complied with by the petitioner before MR Distributorship licence can be granted in her favour on compassionate ground.

However, this Court, is of the view that although the eligibility criteria required to be fulfilled by a person who is seeking MR Distributorship licence on compassionate ground upon death of her spouse is the same as that of a person applying for a fresh MR Distributorship licence, there is a clear distinction between the two. Whereas, in the case of the latter, a person seeking grant of MR Distributorship licence has to wait till a vacancy is notified, in the case of the former, no such notification is required. That apart, the criteria for grant of licence for MR Distributorship on compassionate ground is based on a crucial factor and that is, the death of the original licence-holder.

The word ''compassion'', by itself, means "sympathetic pity and concern for the sufferings or misfortunes of others" (see Concise Oxford English Dictionary, Eleventh Edition). Thus, when a spouse of a deceased MR Distributorship licence-holder applies for grant of licence on compassionate ground, the approach of the State should be quite different and distinct. Decision on such application is required to be primarily based either upon a feeling of compassion or upon showing compassion, provided of course, a justifiable case is made out by the applicant and he/she is willing to conform to the eligibility criteria as may be determined by the competent authority. Although this Court is quite alive to the settled proposition of law that a claim for appointment � in any form � on compassionate ground cannot be strictly upheld on the touchstone of Article 14 or 16 of the Constitution of India, nevertheless, in the facts of the instant case, what is being required to be considered is not whether distributorship licence can be issued in favour of the petitioner on compassionate ground, but whether the petitioner has complied with the requirements regarding fulfilment of eligibility criteria, which apparently she has not.

However, taking into consideration the fact that this is a case for compassionate grant of distributorship licence and not a case of grant of fresh distributorship licence, the State and/or its authority was required to palpably demonstrate a certain degree of compassion by giving some breathing time to the petitioner to fulfil the two eligibility criteria, which have been found to be wanting by the District Controller (Food & Supplies), Nadia, in the impugned order dated 3rd June, 2016.

The writ petition is, therefore, disposed of with a direction upon the District Controller (Food & Supplies), Nadia, to issue a provisional MR Distributorship licence, which will be valid for a period of not more than six months, within which time, the petitioner shall ensure fulfilment of the two eligibility criteria as stated in the impugned order dated 3rd June, 2016, to the satisfaction of the District Controller (Food & Supplies), Nadia. In the event, the petitioner does not fulfil the two eligibility criteria within a period of six months from date of issuance of provisional licence in terms of this order, the District Controller (Food & Supplies), Nadia, or any competent authority shall not extend the provisional licence any further.

Once the petitioner fulfils the eligibility criteria � to the satisfaction of the District Controller (Food & Supplies), Nadia � within six months from date of issuance of the provisional licence in terms of this order, the District Controller (Food & Supplies), Nadia, shall direct issuance of a permanent MR Distributorship licence in her favour.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.