Basudev Panigrahi, J. - (1.) The Petitioner No. 1 is an association comprising the body of unemployed youth who have availed the P.C.O./S.T.D./I.S.D. service franchises from the Respondents. The 2nd Petitioner is the elected President of the governing body of the association. There was a revolutionary change in 1982 whereby the Union Government has of the association have availed of the P.C.O./S.T.D./I.S.D. Booths from the Respondents. It was stipulated that a minimum guaranteed revenue of Rs. 100.00 per month per P.C.O. should be yielded and a security deposit of Rs. 600,00 based on six months guaranteed revenue or a monthly average revenue whichever is higher has to be deposited by the allot tees of the S.T.D. rural P.C.O. So far as the S.T.D. nor rural P.C.O. is concerned a minimum guaranteed revenue per month per P.C.O. was fixed at Rs. 1,600.00 and a security deposit of Rs. 5,000.00 or an amount equal to the monthly revenue calculated on the basis of previous six months revenue was required to be deposited. A Selection Committee was constituted for granting franchise to the allot tees of S.T.D./I.S.D. and P.C.O. Booths. Certain categories of persons were given preference to others, such as Ex -servicemen/War Widows, retired DOT employees or their dependants, dependants of freedom fighters and charitable institutions/hospitals. The Selection Committee was given full authority to allot S.T.D., P.C.O.s and also decide the location of P.C.O.s.
(2.) The scheme was introduced only to generate more employment of the unemployed youth in urban as well as rural areas. It was also stipulated that it be ensured that the average earning of an allotted did not fall below Rs. 2,000.00 per month from the urban areas and Rs. 800.00 per month from the rural areas. From the policy it further envisaged that the licensee will have to abide by the current policy of the department as revised/ modified from time to time in respect of matters including the amount of security deposit, minimum guaranteed amount, significant charges to be levied, commission payable to the P.T. operators from time to time etc. The Petitioners have inter alia, alleged that the Respondent authorities by their memo No. 31 -15/98 -PHB dated November 29 1999, amended the policy of S.T.D./ P.C.O.s by introducing a new procedure of allotment. The amended policy adopted by the Respondents is in direct conflict with the initial liberalized policy. It has further been introduced with a sole object to augment the telecommunication's revenue. The amended policy if allowed to be operated shall result in closure of many existing S.T.D. and P.C.O.s since the supply shall far exceed the demand. The Petitioners have further claimed that the present franchisees have opted to apply for the P.C.O. license only with an understanding that an average earning will be made from the business and the Respondent authorities while granting license should ensure that there should be no competition from other franchises within close proximity; The amended policy if enforced would only open the flood gate of ill feeling, spite, jealousy and rancor among the allottees. The grievance of the Petitioners was duly ventilated through the local Member of Parliament but when the Telecommunication Department did not pay any heed to such request they were obliged to file this writ petition seeking a writ of mandamus for quashing of the subsequent policy.
(3.) The Respondent Nos. 1 to 5 filed affidavit -in -opposition by denying the allegations stated in the writ petition. It has been, inter alia, stated that the revised policy of S.T.D., I.S.D. and P.C.O. which were circulated vide No. 31 -15/98 -PHB dated November 29 1999, was communicated after much deliberations, discussions and consideration of the opinion from various quarters. Such policy was introduced with a view to further liberalization of the. franchise. One of the important factors in further liberalization by providing more telephone booths franchise is to augment average earning of unemployed youths. This was introduced keeping in view of the need to provide more employment to the unemployed youths. License fee on fax machine has been removed. Conversation facility on S.T.D. and P.C.O. has been allowed to many subscribers without connecting S.T.D. I.S.D. on their telephones. They can make use of this facility by speaking to the S.T.,D./ I.S.D. Booth operators from their residence for making S.T.D./I.S.D. calls. This also enhances the revenue of the S.T.D./I.S.D. Booth operators. The interest has been allowed on the security deposit made by the P.C.O. holders. The franchisees are also allotted to local P.C.O. terminated on a coil collection box if he they so desired. There were as many as eighteen thousand applications pending in West Bengal for allotment of S.T.D./I.S.D. and P.C.O. Booths. Thus if it is considered by seeing the number of applications, there shall be least doubt about the viability of the business. The policy from time to time will keep on changing depending on the changed circumstances, experience, technology, demand and supply. It has been further claimed by the Respondents that the Petitioner No. 1 is a body corporate and the Petitioner No. 2 who is the President of the Petitioner No. 1, who have no right to file such writ petition. Accordingly, the case is not maintainable at their instance.;