Debangsu Basak, J. - (1.) Petitioners have challenged the policy of the coal companies in auctioning coal linkages and conducting exclusive e-auction thereby depriving the first petitioner a right to participate in such auction processes.
(2.) Learned Senior Advocate appearing for the petitioners has submitted that, the first petitioner is a manufacturer of manganese alloy. The first petitioner requires coking coal for the purpose of manufacture of manganese alloy. Coal is a natural resource and a national asset. Coal should be distributed equitably amongst the consumers for the benefit of the country. According to him, coal is distributed amongst consumers by allowing a linkage or through e- auction or spot auction. A manufacturer of manganese alloy was initially included in the steel sector and permitted to participate in an e-auction for coal linkage and exclusive e-auction of coal. However, subsequently, the coal companies are not permitting manganese alloy manufacturers to participate in such e-auctions. By reason of the coal companies not allowing a manufacturer of manganese alloy to participate in the coal linkage and e-auction, the area from which such manufacturers will procure coal stands reduced to the prejudice of such manufacturers. There is no reasonable basis for excluding a manufacturer of manganese alloy from participating in an auction for linkage or an e-auction. A manufacturer of manganese alloy should not be left out in the process for auction of linkage or e-auction of coal.
(3.) Learned Senior Advocate appearing for the petitioner has submitted that, coking coal is used as a raw material by a manganese alloy manufacturer. In support of his contentions, he has relied upon an expert's opinion annexed to the affidavit in reply. He has submitted that, there is no basis for the coal companies or the Central government to exclude a manganese alloy manufacturer from the e-auction process.;