R.M.Sahai, J. - (1.) IN these two petitions the short question is if the Zila Parishad is justified in settling the right to collect bones, hides, carcasses of animals etc. by auction. The petitioners are scheduled castes. They are engaged in this trade from time of their ancestors. It is claimed by them that the method of auction excludes them from the trade. The Zila Parishad, however, claims that it has the right to settle it by auction.
(2.) IN June 1986 the State Government had issued circular directing all Zila Parishads to settle such rights in favour of co -operative societies of persons carrying on the ancestral trade. It had taken notice of the prevalent system of settling right by auction in favour of highest bidder. Yet the direction was issued to protect the interest of weaker section of the society. It need not be stressed that such circulars are binding on Zila Parishad. It could not ignore it and insist that it shall settle the rights by auction. But this was a direction in respect of co -operative societies only. It appears such societies were not formed in every block. The practice of settling rights by auction, therefore, was adhered to. On 3rd April, 1987 the State Government issued another circular directing the Zila Parishads to settle such rights in favour of the persons involved in the trade. And if there were more such persons and there were no co -operative societies then the right may be settled by auction to be held amongst such persons only. Yet another circular was issued on 27th April clarifying that if there were more than one societies in one block then their competing claims should be decided on auction. And if there was one society only then it should be settled in the manner indicated in circular of 7th June, 1986. What is crystal clear from these circulars is that the Government has decided to do away with big contractors who used to exploit the poor persons who have been carrying on this trade from time of their ancestors. It is a policy decision directed towards ameliorating conditions of weaker section of the society and protect them from exploitation. It has to be construed in favour of such persons for whose benefit it has been issued. Therefore, in those blocks where there are no co -operative societies the right has to be settled by auction in favour of those persons who have been carrying on this trade from the time of their ancestors. To be more specific the auction shall be confined amongst persons who, in accordance with the circulars issued on 3rd and 27th April read with circular dated 7th June, 1986, satisfy that at least persons who are not in the trade from time of ancestors shall not be permitted to participate. In the circumstances the petitions succeed and are allowed. The auction notices issued by Zila Parishad are quashed. A direction is, however issued to them to settle right of collecting bones etc. by persons carrying on this trade or profession in the manner and method indicated in the letter dated 3rd April, 1987 read with letter dated 27th April, 1987 and 7th June, 1986.;