ISHWAR DAYAL JAIN Vs. CHIEF CONTROLLER OF IMPORTS AND EXPORTS

JUDGEMENT

(1.) The petitioner, Shri Ishwar Dayal Jain (since deceased), was an established exporter of peacock tail feathers. He was carrying on this business for the last 20 years in the name and style of M/s. Jain Traders, Sadar Bazar, Delhi. The Ministry of Commerce prescribed a ceiling for the export of this item each year. On the basis of the said ceiling a quota for exporting this item was allocated to the established exporters and other categories by the Chief Controller of Imports and Exports/Joint Chief Controller of Imports and Exports, New Delhi, Bombay, Calcutta and Madras. The allocation was made on the basis of Export Instructions'. Relevant Export Instruction No. 2/86-87, dated 6th May, 1986 (Annexure C') provided that export will be allowed to the established exporters on pro-rata basis to the extent of their entitlement on the basis of best year's exports'.

(2.) The grievance of the petitioner is that his best year's export' was in 1985-86 when he exported 1,60,180 pieces of peacock tail feathers and consequently for the year 1986-87 he was entitled to the allocation of quota on the basis of the said export. The respondents, however, had allowed quota on the basis of the export during the year 1981-82 which act was arbitrary, illegal and violative of his fundamental rights under Article 14 and 19(1) (g) of the Constitution of India. On these averments he seeks a writ of mandamus directing the respondents to modify the allotment letter dated 30th May, 1986 allocating the ceiling limit to which the petitioner was entitled to export peacock tail feathers in the year 1986-87 and to determine the ceiling limit with reference to the export made by the petitioner in the year 1985-86.

(3.) The respondents resisted the claim of the petitioner. It was not disputed that the quota to the established exporters was to be allocated on pro-rata basis to the extent of their entitlement on the basis of "best year's exports'. It was, however, contended that the criteria for working out best year's exports' was laid in Export Instruction No. 24/68, dated 25th April, 1968 which was still in force and had not been withdrawn. According to these instructions the best year's exports to be taken into consideration were the exports made by an applicant during one of the three basic years ending September, 1987, namely (i) October, 1964-September, 1965; (ii) October, 1965-September, 1966; and (iii) October, 1966-September, 1967. According to these guidelines best year's exports of the petitioner were 87,600 pieces as against the total quantity of 35,49,400 pieces. The petitioner had been allocated quota on this basis throughout and for the year 1986-87 also the quota had been allocated to him on that basis.