Case: Paul Enterprises  Vs. Rajib Chatterjee &amp; Co.

An advertisement was issued on or about 18.01.2001 by the State of West Bengal inviting applications from companies/firms/societies formed by unemployed youth for the purpose of grant of excise licence for country spirit shops in certain locations. Appellant No. 1, a partnership firm of the appellant Nos. 2 and 3 herein applied therefor. In terms of the said advertisement, respondent No. 1, which is also a partnership firm of which respondent Nos. 2 and 3 are partners as also several others, applied for allotment of the said country spirit shop.4. In the select list, the appellant No. 1 was placed at Sl. No. 3 whereas the respondent No. 1 was placed at Sl. No. 1. The candidature of the respondent No. 1 was objected to by the appellants inter alia contending that the respondent Nos. 2 and 3 were not `unemployed youth within the meaning of the said advertisement and two locations of the liquor shops proposed by them were not conducive therefore.5. The District Magistrate, Bankura being a licencing authority directed an enquiry to be held. The Enquiry Officer, in his report, inter alia opined that whereas the respondent No. 2 carried on seasonal business in paddy, Til, potatoes, etc.; the respondent No. 1 carried on business with hisregards, location, it wasproposed site of the country spirit shop is situated within the market place of Chatramore where ladies also frequently visit the spot for shopping. The drunken people will disturb ladies and other public if license for a country spirit shop is granted with in the marketib Chattopadhyay has stated that he is unemployed and lives with his brother, Sanjib Chattopadhyay in a joint family. His brother, Sanjib Chbattopadhyay is the owner of the "Light House" shop at Gelia More. Rajib Chattopadhyay has admitted that he sells electrical goods of the said shop. Rajib Chattopadhyay submitted a Xerox copy of a challan showing deposit of profession Tax by Sanjib Chattopadhyay, as a token of Sanjibs shop. Rajib Chattopadhyay has admitted that there are decorators shop and tailoring shop by the side of the proposed country spirit shop and the proposed shop is within 30/40 feet from the Bishnupur, Kotulpur metalled Road.Another partner, Sri Subhendu Chatterjee has admitted that he was a businessman and dealt in potato till March, 2001. They signed the application form for grant of license for country spirit shop on 12.2.2001 and mentioned in column 4 seasonal business - paddy, Til potatoes etc. against business or sales experience, if any, Subhendu Chatterjee has further admitted that he took loan of Rs. 25,000/- (Rupees Twenty five thousand) for business from Chatramore co- operative Bank but he could not repay the same till 4.1.2002. Subhendu Chatterjee has admitted that his partners name for potato business has been registered with Chatramore Kshudra Babsayee Samiti. From the above, it transpires that Subhendu Chatterjee, as on the date of application, was self-employed, at least, partially and the site for the proposed country spirit shop is situated within the market place of Chatramore.The Additional District Magistrate (Excise), Bankura, however, would come within the purview of the term `unemployed youth and as the respondents had been carrying on business, they did not satisfy the conditions for allotment of country spirit shop. It wasaccordingly allow this writ application and set aside the order dated December 9, 2002 issued by the District Magistrate and Collector, Bankura granting licence in favour of the Private respondents as well as the order passed by the Appellate Authority dated July 25, 2003 which affirmed the said order. The licence granted in favour of the Private respondents is hereby quashed. The respondents are directed to take consequential steps for setting the licence for setting up the country spirit shop at Chatramore strictly in accordance with law. Such steps must be completed within one month from the date of communication of this order to Collector and District Magistrate, Bankura.In view of the disposal of the main Writ Petition, the application filed by the respondent Nos. 7 and 8 for vacating the ad-interim order passed in this writ petition, becomes infructuous. The said application is also disposed of as infructuous.An intra court appeal was preferred thereagainst. By reason of the impugned judgment, the writ appeal was allowed by a Division Bench of the said Court,It cannot be assumed from the nature of the advertisement that by unemployed youth the authorities have meant a person who shall be totally without any income in order to sustain himself. There is no basis for such assumption. In fact, in order to get; the licence the candidates will have to furnish an objection free site, normally such a site has to be obtained either by taking it on rent or by offering such a site which is part of ones property. Apart from that such unemployed youths are supposed to show some financial strength by way of furnishing of bank balance and so on. It is not expected that a person who has no income even to sustain himself will be able to satisfy these requirements.12. In the instant case it may be noted that the appellants are earning some money in order to sustain themselves but it is nobodys case that they have got any permanent employment or they are serving in any institution as regularly paid employees. In fact the registration of persons name in Employment Exchange will show that the persons concerned have registered themselves as unemployed youth for an employment but have not got the employment. The same is true of the appellants also. It is not disputed by anybody that they are registered with the Employment Exchange. But even after such registration they are not getting any employment in order to sustain themselves. But they are doing some work may be by way of seasonal business or by working in family business which cannot be called an employment. Therefore on this ground alone the licence which has been granted to the appellants cannot be rejected. In this connection this Court is also constrained to observe that since the expression unemployed youth has been explained in the advertisement with the help of expression mean, there is no scope for further interpreting the said expression unemployed youth with the help of Blacks Law Dictionary or an ordinary7. In view of such authoritative pronouncement of law on the subject it is difficult for this Court to accept the interpretation of unemployed youth given by the learned Judge by relying on Blacks Law Dictionary. The learned Judge possibly fell into an error by not holding that, here the expression unemployed youth must receive a contextual interpretation namely it would mean a person who has not been substantially employed or has not been in any service even though lie is registered as an unemployed youth with the Employment Exchange and as has been so declared by the authorities and also must be within a certain age group. Apart from that there is no other requirement. If the person concerned earns some money for subsistence, he does not go out of the category of unemployed youth if he otherwise fulfils the prescribed conditions. Going by this reasoning, as we must, this Court cannot accept the interpretation given to unemployed youth by the ld. Judge of the Writ Court. As such we feel constrained to take a different view and, set aside the judgment under

Court's reasoning:
we are of the opinion, despite the fact that the respondents had been earning some money, the same would not disentitle them to take part in the selection process for grant of a license in terms of theadvertisement in question keeping in view the text and context in which it was issued clearly go to show that for the purpose of applying for grant of a liquor shop, the respondents were qualified having been continuing to be registered in the Employment Exchange and having been granted a certificate in that behalf by the person specified in theis not a case where the word `unemployed should be given a literal or even the dictionary meaning. In our view, it is required to be given a purposive meaning; a meaning which is capable of being translated in the action, a meaning which would not lead to an anomaly or absurdity; a meaning which satisfies the text and context in which the word has been