R. K. Bag, J. - (1.) The petitioners have challenged the notification dated July 11, 2017 issued by the Principal Secretary to the Government of West Bengal and Food Commissioner, Food & Supplies Department, by which the State of West Bengal has laid down the policy of distribution of superior kerosene oil (in short S.K. Oil) to the holders of ration cards. Some of the petitioners are holders of the ration cards and others are West Bengal Kerosene Dealer's Association and Kolkata Kerosene Oil Dealer's Association.
(2.) It appears from the impugned notification that the State has taken a policy of equal distribution of subsidised S.K. Oil in terms of paragraph 5A of the West Bengal Kerosene Order, 1968 by taking into consideration the special needs of disadvantaged socio economic groups in different parts of the State and in pursuance of the orders passed by the High Court in connection with several writ petitions. The State has created the following categories of ration card holders for distribution of subsidised S.K. Oil; (i) the ration card holders falling in the first category will get S.K. Oil @ 1 litre per head per month on the basis of their residence in a particular geographic location of the State; (ii) the ration card holders falling in the second category will get S.K. Oil @ 600 ml. per head per month on the basis of possessing digitized ration cards and (iii) the ration card holders falling in the third category will get S.K. Oil @ 150 ml. per head per month for not possessing digitized ration cards. The common grievance of all the writ petitioners is that the above classification of the ration card holders for obtaining S.K. Oil at subsidised rate as essential commodity is discriminatory, arbitrary and violative of Article 14 of the Constitution of India.
(3.) Mr. Shaktinath Mukherjee, learned senior counsel appearing on behalf of some of the petitioners contends that the State has already identified the families on the basis of economic criteria for issuance of various categories of ration cards for distribution of essential commodity under Public Distribution System. By referring to the provision of paragraph 2(b), 2(c), 2(e) and 2(f) of the West Bengal Public Distribution System (Maintenance & Control) Order, 2013, he submits that ration cards have been issued to families living above poverty line (APL), families living below poverty line (BPL), families considered to be poorest among families belonging to the below poverty line (AAY) and persons identified for distribution of food grains of specified quantity on monthly basis under Annapurna Scheme. Mr. Mukherjee argues that economic criterion is totally ignored by making classification on the basis of geographical location and on the basis of possession of digitized and non- digitized ration cards which are arbitrary, unreasonable, irrational and violative of Article 14 of the Constitution of India. The specific submission made by Mr. Mukherjee is that the State has treated unequals as equals and the equals as unequals and thereby violated the principles embodied in Article 14 of the Constitution of India. He has pointed out that the impugned notification has not been published in the official gazette as per provision of Section 3(5) of the Essential Commodities Act, 1955.;