(1.) This appeal by special leave is directed against the judgment and order of the Madras High Court dated March 25, 1971 dismissing at the stage of admission an appeal under cl. 15 of the Letters Patent preferred by the appellant against the judgment and order of a learned single Judge of that Court dated September 1, 1970 allowing writ petition no. 933 of 1970 filed by the respondent praying for a writ of mandamus directing the Licensing Authority under the Imports and Exports (Control) Act, 1947 to do his public duty and consider the applications for import licence made by the respondent. More than 200 writ petitions were hears together and disposed of by a common judgment of the learned single Judge, the facts in the respondent's writ petition No. 933 of 1970 being, by common consent, treated as illustrative of all the other cases as well.
(2.) On December 7, 1968 Lala Manickchand, proprietor of Messrs. Katerlla Metal Corporation, Madras, respondent in this Court, submitted an application, as a new unit, for the licensing period 1968-69 for the grant of an importing stainless steel as an actual user for manufacturing hospital requisites. The registration certificate dated December 31, 1968 issued to the respondent as a small scale industry by the Additional Assistant Director of Land and Commerce, District Madras North, reads;
(3.) It is quite clear from these instructions that stainless steel sheets were considered a sensitive item and that a large number of newcomers had applied for import of stainless steel sheets, plates and strips whose applications required close scrutiny. On may 2, 1969 the respondent, while giving information about end-products, stated in a letter that hospital requisites such as surgical bowls, spittoons and trays were intended to be manufactured by the industry. On May 19, 1969 the Chief Controller of Imports and Exports, from the Ministry of Foreign Trade and Supply issued General Licensing Instruction No. 29/ 69 on the subject of import licences to units engaged in the manufacture of hospital equipments. Those instructions pertained to the import policy for April 1969 March, 1970, and referred to "medical and surgical equipment and appliances" which was the subject matter of Item No. 39 in Appendix I of the Red Book for that year. In para 2 it was stated that some Licensing Authorties were treating the manufacture of "hospital equipment" as priority industry the general heading "medical and surgical equipment and appliances". It was pointed out that all types of hospital equipment and hospital appliances were not classified as priority industries and it was added by way of illustration that lotion bowls, kidney trays, instrument trays, wash bowls, measuring jugs, ointment jars and medicine cups as end-products were in nonpriority category. The sponsoring authorities were accordingly directed to ensure that only those hospital equipment and appliances were to be treated as priority industries, which would appropriately be classified as "medical and surgical equipment and appliances". On May 29, 1969 the Chief Controller of Imports and Exports issued General Licensing Instruction No. 31 of 1969 on the subject of "grant of import licence to units engaged in the manufacture of hospital equipment". After inviting attention to the earlier G. L. I. No. 29/69 dated May 19,1969 it was stated in this instruction that after further consideration in consultation with the D. G. T. D. a list had been prepared in respect of the end-products which alone would be treated as priority industries under the general heading "medical and surgical equipment and appliances." That list was enclosed for the guidance of the Licensing and Sponsoring authorities and in case of doubt those authorities were directed to refer the mater to headquarters Special Licensing Cell. On October 31,1969 the Director of Industries, Madras, confirmed the Essentiality Certificate already issued to the respondent. It was observed in that letter that the firm had "installed machinery and taken action to obtain power supply etc. Hence the Essentiality Certificate issued to the firm already is confirmed." On February 23, 1970 a letter was written by the Director of Industries and Commerce, Madras to the Deputy Assistant Iron and Steel Controller, Madras, in which after referring to his earlier letter dated October 31,1969 and to the respondent's letter dated February 6, 1970, it was stated: