- (1.) This appeal is directed against the judgment dated 7th January, 2010 of the learned Single Judge dismissing the writ petition filed by the appellant. The appellant had prayed for directions on the respondent-State authorities to select the appellant-writ petitioner as crusher of BPL wheat into fortified atta in the district of Birbhum and issue necessary allotment order of BPL wheat in favour of the writ petitioner.
(2.) By advertisement dated 3' July, 2009 the District Controller, Food and Supplies, Birbhum invited applications in the following terms: "Applications are invited from bona fide flour mills/ chakki mills of Birbhum district who intend to convert BPL wheat into fortified atta for this District. The terms and conditions for selection will be in terms of G.O. No.5347-FS Sectt. Food 13A-06 07 dated 10.08.07. Flour Mills/Chakki Mills should submit their application with supporting documents as required under G.O. No. referred above. Application will be received in the office of the District Controller (F &S), Birbhum upto 10.07.2009 till 5 p.m."
(3.) The relevant portion of the guidelines dated 10th August, 2007 referred to in the advertisement reads as under: "3. Eligibility criteria for selection of flour mill(s)/chakki mill(s) under the scheme: (i) In addition to the main wheat crushing machinery the mill should be equipped with cleaning machine (for cleaning of wheat before grinding), dozing machine (for premixing nutrients at appropriate dose) and automatic online/automatic packaging machines capable of packaging 750 gms of atta in properly labelled poly-packs having thickness above 40 microns (to avoid wastage, contamination, short weightment and proper sealing). Priority will be given to flour mills /chakki mills having automatic online/automatic packaging machines. However if the number of automatic online/automatic packaging machines are insufficient in a district to pack the required allocation of wheat within the specified time for proper distribution, then as a special case and only for such time as the packaging capacity under automatic/automatic online packaging machine are enhanced/increased in the flour mills/ chakki mills in a district semiautomatic packaging machines may be considered provided that they are capable of packaging the fortified atta within the required time while maintaining the relevant PFA standards/norms. But on no account are manual packaging machines to be considered as it would be difficult to monitor wastage, short weighment, contamination and ensure proper sealing." (Emphasis supplied);