Aniruddha Bose, J. - (1.) THE department of Food and Supplies of the Government of West Bengal issued a notice on 4 September 2013 inviting applications from existing millers for empanelment of roller flour or chakki mills for conversion of wheat into fortified/wholemeal atta. The process of conversion involves crushing of wheat and fortification of such crushed wheat, with vitamins and minerals for supplying the same to the consumers through the public distribution system. The State Government, through its public distribution system has been supplying such fortified atta for some time now, having the crushing and fortification process undertaken through certain mills, with whom agreements were executed individually. There was no provision in the subsisting Control Orders regulating the process of crushing and fortification till 2013. The petitioners in these two proceedings claim to have been undertaking such process successfully from the year 2009. The petitioners in W.P. 28017 (W) of 2014 have two mills, in the districts of Purba Medinipur, 24 -Paraganas (South), whereas the petitioners in W.P. No. 28138 (W) of 2014 have their mill in the district of Jalpaiguri. So far as the petitioners in W.P. 28017 (W) of 2014 are concerned, the subject of dispute relates to their mill in the district of Purba Medinipur.
(2.) THE West Bengal Public Distribution System (Maintenance and Control Order) 2013 for the first time introduced specific provision in regard to selection of flour mills for the purpose of such crushing and fortification work. Clause 37 of the 2013 Control Order stipulates: - "Power to regulate production of atta: The Government may prescribe, by notification, the method of selection of a flour mill/atta chakki to convert wheat into atta/fortified atta for a specific period of time, conversion ratio not being less than 90%. After issue of necessary notification in this regard, application for converting wheat into atta/fortified atta shall be invited in form K along with affidavit as annexed to this control order." A guideline was issued under memorandum bearing number 2538 -FS/FS/Sectt./Food/13A -07/13 dated 3 September, 2013 by the Department of Food and Supplies, Government of West Bengal laying down, inter -alia, the eligibility criteria for the individual mills for undertaking such crushing and fortification work Clause 21 of this guideline, provides: - "21. Any person who is 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 whole meal Atta/fortification of Atta Scheme converted from wheat under BPL/APL scheme under P.D.S."
(3.) THE notice inviting applications, which I shall henceforth refer to as NIA specified the eligibility criteria as well as the documents which were required to be submitted along with the applications of individual millers. For the purpose of adjudication of these writ petitions, clauses 1 and 15 of the Technical Criteria stipulated in the NIA are relevant, and these two clauses provide: - "Technical Criteria: - 1. Installed machineries viz Screening, Milling, Packaging (automatic online/Automatic packaging machine) & dozing machines are running condition at least for six months prior to the date of application for selection. ... ... 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.";