Aniruddha Bose, J. - (1.) THE flour mill of the petitioner no. 1 was engaged for converting wheat into fortified atta for distribution among the beneficiaries belonging to below poverty line (BPL) segment of the population in the District of Jalpaiguri. This engagement was made on 10th April, 2007 and subsequently, the petitioners were allocated distributors who were tagged to the petitioner no. 1, through whom fortified atta was being made available to the consumers. At that point of time, there was no timeframe specified as regards the term of such engagement or allocation. Subsequently, an Or.was issued by the department of Food and Supplies, Government of West Bengal bearing no. 901 -FS/Sectt/Food/13 -A -04/2012 dated 29 February, 2012 by which the validity of the subsisting orders, were specified to be up to three years form the date of issue of such order. This order stipulates: - "1) The validity of all the existing orders will be up to three years from the date of issue of this order. That mean flour mills mentioned in these orders will be allotted BPL wheat as per existing system until further order or after three years whichever is earlier. 2) However, performance of existing flour mills will be reviewed every six months and it shall be duty of all DCF & S to send performance reports of flour mills at the end of every six months without fail. 3) If any irregularity comes to the notice of the department it is to be enquired into without any delay. And, if it is proved that serious irregularities has taken place on the part of any flour mill, allotment of wheat will be stopped forthwith and penal action will be taken as per nature of the offence. 4) Whenever any action is taken as per para 3 against any flour mill, the allotted wheat for that particular mill will be distributed among the other existing selected flour mills as per their capacity. In such cases, if required inclusion of new flour mills may be considered with prior approval of Government for smooth supply of fortified atta under TPDS."
(2.) ON 4 September 2013, a notice under Memo no. 2550 -FS was issued by the department of Food & Supply, Government of West Bengal inviting applications for selection of roller flour mill/chakki mill for conversion of wheat BPL/APL into fortified atta/wholemeal atta. Some of the relevant clauses specified in this notice are: - "1. Installed machineries viz. Screening, Milling, Packaging (automatic online/automatic packaging machine) & dozing machines are in running condition at least for six months prior to the date of application for selection. 12. The selected Flour/Chakki Mill shall ensure Computerised infrastructure as per the agreement. 14. The selected Flour Mill/Chakki Mill must have adequate fire fighting devices duly certified by the Fire Services Department. 15. Any person as proprietor/partner/director holding a M.R. Distributorship/Dealership/Licence shall not be entitled to apply for selection of his Roller Flour/Chakki Mill in the above mentioned capacity under the Scheme of conversion of Wheat into Atta." The eligibility criteria under the said notice is divided into two categories, (A) and (B). Under category "A", certain technical specifications have been laid down and under category "B" the documents which are required to be furnished at the empanelment stage have been referred to. The aforesaid four clauses come under category (A), being technical criteria. The petitioners participated in the empanelment process and a list of empanelled mills was published as annexure to an Or.bearing no. 1561/FS/Sectt/Food/4P -14/2013 Pt. 1 dated 5 July, 2014 issued by the State Government. Altogether 80 flour mills have been empanelled. The mill of the petitioners, however, has not been included in this list. On 20 August 2014 another memo bearing no. 1987 -FS/Sectt/Food/4P -14/13(P -1) was issued by the State Government primarily for the purpose of allocation of wheat to the empanelled mills. This order inter alia stipulates: - "Now the empanelled mills vide dated 5 July 2014 need to be allocated wheat for conversion to fortified atta and therefore, those existing mills which are not empanelled will cease to get wheat on and form the date to be determined by the Director of DDP & S but not later than 31 October 2014. Further, the agreement between the District controller of Food and Suppliers with the mills in the district shall stand terminated and the agreements entered into as may be advised by the director of DDP & S."
(3.) IN this writ petition, the petitioners question their exclusion from the list of empanelled mills and seek invalidation of their existing agreement in terms of the order dated 20 August, 2014. The relevant clause of the said order has been reproduced in the preceding paragraph.;