H N MAHADEVASWAMY Vs. ASSISTANT DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) The petitioner is before this Court seeking that the 1st respondent be directed to renew the Certificate of Registration or issue Authorization letter for retail sale of fertilizer by considering the same as a renewal from the date up to which it was valid namely from 16.09.2015 for a further period of three years.

(2.) The petitioner, who had completed his PUC and had joined the Degree Course in Arts had discontinued the same due to family necessities and the business in sale of fertilizer was commenced on obtaining an appropriate Registration/Licence authorizing the petitioner to carry on the business. As per the requirement, the renewal was to be made. The procedure for such application for renewal to be made is provided under the Fertilizer (Control) Order, 1985 in Clause 11 thereof. To the said Fertilizer (Control) Order, an amendment has been carried out through the order dated 10.10.2015. Through the said amendment, insofar as the applications to be made for grant of authorization/lincence for sale of fertilizer, the educational qualification to be satisfied by the applicant is also indicated. However through the proviso therein, the dealers, who had been granted authorization letter before the Amendment Order, 2015 are exempted from possessing the qualification for the purpose of renewal of their authorization. From the same, it is clear that insofar as the renewal alone, the educational qualification as provided therein is exempted. In all other cases where the applications are made seeking grant of fresh authorization/licence, the educational qualification is required to be satisfied to the said extent. The validity of the said amendment dated 10.10.2015 cannot be considered in any other manner.

(3.) In the said background, what arises for consideration herein is with regard to the validity of the application made by the petitioner seeking renewal of his licence. The licence/authorization which had been issued to the petitioner and was subsisting, was valid up to 16.09.2015. The provision contained in Clause 11(3) & (5) thereof provides that an existing licence/authorization holder is required to make the application for renewal prior to one month of the date of its validity or within one month from the date of its validity coming to an end. If such application is not made, a lapsed licence holder could only make an application for grant of fresh authorization/licence after a lapse of one year.