VidhiSangh

Supreme Court of India · 20/04/2022

THE STATE OF WEST BENGAL & ORS. versus GITASHREE DUTTA (DEY)

[2022] 4 S.C.R. 1061 · 2022 INSC 453

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Summary

A candidate recommended for a fair-price-shop dealership challenged cancellation of the notified vacancies before any appointment order. The Court upheld West Bengal’s decision to align the distribution system with the National Food Security Act. Her recommendation created no vested appointment right, and legitimate expectation could not defeat the justified statutory reform. The State’s appeal was allowed and the Single Judge’s dismissal of the challenge restored.

Issues

  1. Whether recommendation in the unfinished dealership selection created a right to appointment or continuation of the vacancies.
  2. Whether legitimate expectation prevented cancellation to implement statutory distribution reforms.

Provisions considered

Held

Result

State appeal allowed. The Division Bench judgment was set aside and the Single Judge judgment restored, leaving the cancellation notification effective. Pending applications disposed of; parties to bear their respective costs.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 1061.