(1.) THE petitioner is an association of fertilizer manufacturers/importers and has filed the present petition impugning:
(2.) ACCORDING to the petitioner, the impugned notifications are unreasonable, arbitrary and are inherently in conflict with the rationale of the Nutrient Based Subsidy Scheme (hereafter 'NBS Scheme') as introduced in 2010.
(3.) THE learned senior counsel appearing for the petitioner submitted that in terms of clause 4 of OM -1, the fertilizer manufacturers/importers were allowed to fix MRP of P&K fertilizers at reasonable level in conformity with the rationale of the NBS Scheme, however, the effect of clause 5 and 6 of OM -1 is to indirectly control and regulate the MRP of P&K fertilizers by directing price reduction in MRP and providing reference MRPs of other grades of P&K fertilizers. He submitted that this was contrary to the underlying rationale of providing nutrient based subsidy.