J.C. Verma, J. - (1.) D.B. Civil Special Appeals No. 147/1992 and 256/1991 arise out of a common judgment passed in S. B. Civil Writ Petitions No. 4642/1990 and 5142/1990 decided by Hon'ble Mr. B. R. Arora, J. on 28-8-1991 and whereas D. B. Civil Special Appeal No. 645/1994 is filed against the judgment passed by Hon'ble Mr. A.K. Mathur, J. whereby S. B. Civil Writ Petition No. 930/1991, out of which this special appeal has arisen had been dismissed in view of the judgment dated 28-8-1991 passed by Hon'ble Mr. B. R. Arora, J. in S. B. Writ Petition No. 4642/1990 and thus, all the three special appeals are basically against the same order and, therefore, are being decided together.
(2.) The facts of the case are being taken from D.B. Civil Special Appeal No. 147/1992 : M/s. Virender Traders v. The Director Agricultural Marketing. The writ petitioner had filed the writ petition with a prayer to quash the allotment of the shops made by the order dated 16-3-1990 vide Annex. 6 and also the allotment policy adopted therein with a further direction to the respondents to adhere to the merit list prepared in accordance with the applications invited in pursuance of Annexs. 1, 3 and 5 and allot shops accordingly and to quash fresh invitation of applications for 3 shops vide Annex. 12 dated 26-10-1990. The prayers in all the writ petitions involved in the said special appeals were the same and identical.
(3.) The facts, as stated in the writ petition, are that the respondent No. 2 Krishi Upaj Mandi Samiti, Raisinghnagar District Sri Ganganagar had invited applications for allotment of 107 shops constructed in New Mandi Yard, Raisinghnagar on 2-4-1990 and it was mentioned in Annex. 1 while inviting applications that certain shops are also reversed as per the policy of the Government for Schedule Castes, Scheduled Tribes, Ex-servicemen, Handicapped, Unemployed Graduates etc. etc. It was further mentioned in Annex. 1 that the applicants dealing in seeds, fertilisers, pesticides medicines, agricultural literature cattle feed and bardana shall be allotted small shops and, therefore, all the licensed traders/businessmen, A Class Brokers/Commission Agents and retailers should submit their applications in the prescribed form with turn over for three years, namely, 1987-88, 1988-89 and 1989-90, showing the market fees paid and duration of licence. This advertisement was issued on 2-4-1990. It is stated that in pursuance of the said invitation the petitioner had submitted the application in the printed form as issued by the respondents. It is further submitted that the respondents had issued certain directions on 14-3-1989 mentioning therein the guidelines for priority list to be prepared vide Annex. 3. The guidelines as mentioned in Annex. 3 issued by the State of Rajasthan in the Agricultural Marketing Department had laid down certain criteria for preparing the merit list for allotment of the shops. It is mentioned in Annex. 3 that after discussion with the various representatives of the concerned Association, it has ultimately been decided to ear-mark certain marks under the headings average per year turn-over, duration of licence and average payment of market fee. One mark was ear-marked for one year with the maximum of 10 marks to be allotted so far as the duration of the licence was concerned. Similarly 50 marks were earmarked for average payment of market fee and under this head it was decided that only those applicants should be considered who had paid market fee of Rs. 5000/- in a year and persons paying less than Rs. 5000/- of market fee were not to be considered. For every 5000/ -, marks were to be fixed at 2 1/2 i.e. any person paying market fees ranging from Rs. 5,000/-to Rs. 10,000/- shall be allotted 2Vz marks and paying Rs. 10,000/- to Rs. 15,000/- shall be allotted 5 marks up to the maximum of 50 marks for a person paying Rs. 10,0000/- or above. Similarly under the third head, turn over', 40 marks were ear-marked. The maximum of 40 marks were to be allotted to those persons who had turn over of 1 crore or more than one crore. A slab was prepared for allotting 2 marks for every 5 lacs but persons having 5 lacs turn over were not to be considered. The above-said proposal allotting the marks was sent by the Director Agricultural Marketing to the Deputy Secretary to the Government, Agriculture Department on 14-3-1989. Ultimately these instructions were accepted with modification and 40 marks were ear-marked for turn over and for licence duration and market fees' 30 marks each were ear-marked and the criteria as proposed in Annex. 3 in so far as the turnover is concerned was kept intact. But the marks in regard to the duration of licence period was changed for licensed traders/A Class Commission Agents and the maximum marks were raised from 10 to 30 i.e. the proposal was accepted with modification that instead of one mark 3 marks were to be given for one year duration of licence and maximum of 30 marks up to 10 years or more and similarly on the point of market fees a change was made i.e. instead of 2 1/2 marks for every 5000/- market fee it was reduced to 1 1/2 mark for every 5000/- market fee and up to the maximum of 40 marks instead of 50 marks as proposed by Annex. 3. The final criteria as laid down for making the merit list has been mentioned in Annex. 5. It was also mentioned in Clause (7) of Annex. 5 that the merit list shall remain in existence till all the traders/A Class Commission Agents are adjusted.;