No Estoppel Against Statute: SC Upholds Cancellation Of Fair Price Shop Vacancies In West Bengal To Implement Food Security Act

Case: State of West Bengal vs Gitashree Dutta (Dey)

Coram: Justices S. Abdul Nazeer and Vikram Nath

Case No.: CA 4254 OF 2022

Court Observation: “The respondent herein being a mere applicant in an un­finalised selection process, has no vested right in his favour to seek continuation of the notified vacancies, when by recalling the vacancy notification, the appellants endeavored to enforce the statute. Moreover, as discussed above, there can be no estoppel against a statute. Even going by the observations of the Division Bench in the impugned judgment, that the State was aware of the 2013 Act while issuing the 30.01.2014 vacancy notification, the said notification cannot be sustained, being contrary to the mandate of the National Food Security Act, 2013, more importantly of Section 12 thereof.”

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