KANCHAN CHOUDHARY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THE COURT:-The petitioners have challenged notification dated July 11, 2017 issued by the Principal Secretary to the Government of West Bengal and Food Commissioner, Food and Supplies Department, by which the State of West Bengal has laid down policy of distribution of superior Kerosene Oil (in short S.K.Oil ) to the holders of the ration cards. Some of the petitioners are holders of ration cards and others are West Bengal Kerosene Dealers' Association and Kolkata Kerosene Dealers' Association.

(2.) It appears from the impugned notification that the State has taken a policy of equal distribution of subsidised S.K.Oil in terms of paragraph 5A of the West Bengal Kerosene Control Order, 1968 by taking into consideration the special needs of disadvantaged socio-economic groups in different parts of the State and in pursuance of the orders passed by the High Court in connection with several writ petitions. The State has created the following categories of ration card holders for distribution of subsidised S.K. Oil : (i) the ration card holders falling in the first category will get S.K. Oil at the rate of one litre per head per month on the basis of their residence in a particular geographical location of the State; (ii) the ration card holders falling in the second category will get S.K. Oil at the rate of 600 ml per head per month on the basis of possessing digitized ration cards; (iii) the ration card holders falling in the third category will get S.K. Oil at the rate of 150 ml per head per month for not possessing digitized ration cards. The common grievance of the writ petitioners is that the above classification of the ration card holders for obtaining S.K. Oil at subsidised rate as essential commodity is discriminatory, arbitrary and violative of Article 14 of the Constitution.

(3.) Mr. Sakti Nath Mukherjee, learned senior Counsel appearing on behalf of some petitioners contends that the State has already identified the families on the basis of economic criteria for issuance of various categorize of ration cards for distribution of essential commodity through public distribution system. By referring to the provision of paragraphs 2 (b),(c),(e) and (f) of the West Bengal Public Distribution System (Maintenance and Control ) Order 2013, he submits that ration cards have been issued to families living above poverty line (APL), families living below poverty line (BPL), families considered to be poorest among the families belonging to the below poverty line (AAY) and persons identified for distribution of food grains of specified quantity on monthly basis under Annurpana Scheme. Mr. Mukherjee argues that economic criteria are totally ignored by making classification on the basis of geographical location and on the basis of possession of digitized and non- digitized ration cards which are arbitrary, unreasonable and irrational and violative of Article 14 of the Constitution. The specific submission made by Mr. Mukherjee is that the State has treated the unequals as equals and the equals as unequals and thereby violated the principle embodied in Article 14 of the Constitution. He has also pointed out that the impugned notification has not been published in the Official gazettee as per provision of Section 3(5) of the Essential Commodities Act,1955.