Badar Durrez Ahmed, J. - (1.) . The petitioner is a medium class manufacturer of white writing, printing and newsprint paper. The petitioner seeks inclusion in Schedule I of the Newsprint Control Order, 1962. The object of such inclusion is that on being so included in the said schedule, a manufacturer is entitled to excise exemption. Thus, inclusion in the said Schedule would give a manufacturer of newsprint a competitive edge and non-inclusion would result in making it difficult for the manufacturer to match up with those who enjoy the excise exemption.
(2.) . In this writ petition the petitioner has prayed for a writ of mandamus ordering and directing the respondent to withdraw the fresh condition imposed in the letter dated 30.5.2001 and to register the petitioner in Schedule I of the Newsprint Control Order, 1962 based on the conditions first laid down in the letter dated 16.1.2001.
(3.) . The facts are that by an application dated 20.10.2000, the petitioner applied for its inclusion in Schedule I of the Newsprint Control Order, 1962. In response thereto, by a letter dated 16.1.2001 the respondent required the petitioner to submit, inter alia a test report in original from the Central Pulp and Paper Research Institute, (CPPRI), Saharanpur or any other laboratory recognised by the Bureau qf Indian Standards (BIS) as to whether the paper manufactured by the petitioner conformed to IS :11638-1999 which is the specification for newsprint paper after following the proper sampling procedure laid down by BIS. By a letter dated 6.2.2001 the petitioner informed the respondent that they are an "ISO 9002 : 1994" company and that various registered newspapers, namely, the Daily Tej, Amar Ujala, The Aj and Chena Vichardhara have also confirmed that the newsprint manufactured by the petitioner was satisfactory in terms of smoothness, "runability" and "printability" on their printing machines. On 20.2.2001 the respondent required the petitioner to submit certificates as indicated therein from a Chartered Accountant and a Chartered Engineer in respect of the manufacture and supply of newsprint by them. The respondent also wrote directly to the aforesaid four newspapers requiring them to re-confirm that the paper supplied by the petitioner had been utilised as newsprint and had been found to meet their requirements fully. By a letter dated 5.3.2001, the petitioner, after recording that it had submitted all the relevant papers required for the purpose, informed, the respondent that the inspection of the petitioners unit had been completed in the last week of February, 2001 and the final test result was likely to come at any time and requested for inclusion of its name in the said Schedule I of the Newsprint Control Order, 1962. By its letter dated 10.3.2001 the petitioner forwarded the test certificate from Indian Institute of Packaging, Delhi in original which, as per the petitioner, was issued after following proper sampling procedure as laid down by BIS. The certificate confirmed that the newsprint manufactured by the petitioner conformed to IS: 11688- 1999. The petitioner further stated therein that it had completed all the documentation required in connection with the inclusion of the petitioner in Schedule I of the Newsprint Control Order, 1962. The petitioner requested that the same be expedited so that the petitioner is able to compete with the mills already registered/included in the said Schedule. The laboratory test reports, copies of which have been placed at pages 27, 28 and 29 of the paper book indicated that the samples of newsprint paper drawn on 26.2.2001 at the petitioner's mills located in Muzaffarnagar, UP. conformed to IS:11688-1999.;