S.B.Sanyal, R.N.Lal, JJ. - (1.) The debatable question ia this writ petition is whether in alloting quota of coal for carrying on trade and business in coal, the Food and Civil Supplies Department can impose the condition that the applicant should file an affidavit alongwith the application from to the effect that neither the applicant nor his father or brother or any of his family member and or his partner was ever been convicted in any criminal case and or any criminal case has been filed against him and or pending or not ; and whether the said condition has any rational and nexus for alloting quota of coal to a person who is a licensee of coal under the Essential Commodities Act and Orders made thereunder.
(2.) The petitioners have been carrying on business in coal since the year 1965 except for the years 1977 to 1980. On 5th July, 1988 an advertisement was published by the State Government for appointment of coal agents for a period of three years commencing from 1st November, 1988 to 3rd October, 1991 (Annexure-1), The relevant Clause 11 (Cha) in Roman and english translation thereof are as follows : "Roman (gha) Abedak Abedan Patra Ke Satb Ekk Sapath-Patra Vhi Aniwarjata Denge Ki Abedak Ya Abedak Ke Pita Ya Bhai Ya Unke Pariwar Ke Koi Sadasya Tatha Unke Hissedar Abashayak Bastu Adbiniyara 1955, Ya Kissi Fouzdari Mnkadma Ke Antargat Dandit Huey Hai Ya Nahi Athava Unke Birwdh Koi Abashayak Bastu Adhimyam, 1955 Ke Tahat Ya Anna Koi Foujdari Mukadma Dayar Hua Hai Ya Nahi Athava Cbalraha Hai Ya Nahi Athava Control Order Ke Tahat Unhe Nirgat Kishi Byapar Se Sambandhit Anugya Patra Rad Huyi Hai Ya Nahi" English translation "The applicant aiongwith the application form must submit an affidavit that the applicant or applicant's father or brother or any member of his family and his partner has been convicted under the Essential Commodities Act, 1955, or any criminal case or not or any case under the Essential Commodities Act, 1955, or any criminal case has been lodged or not or going on or not or any licence issued under the Control Order relating to any trade has been cancelled or not." The advertisement also required, a part from others, filing of sales tax clearance certificate.
(3.) The petitioners filed affidavits stating that neither they nor their father nor their brother nor any member of their family has ever been convicted under the Essential Commodities Act nor any case under the Essential Commodities Act has been filed or pending against them and their licences have never been cancelled under any Control Order vide Annexures-2 and 2/1. The applications for the petitioners' appointment were however, rejected on the ground that the petitioners' affidavits were not in accordance with Clause 11 (Gha) and further the petitioners did not enclose sales tax clearance certificate tide Annexure-3.;