Judgment

DUA, J.:- This appeal by special leave is directed against the judgment and order of the Madras High Court dated March 25, 1971 dismissing at the stage of admission an appeal under cl. 15 of the Letters Patent preferred by the appellant against the judgment and order of a learned single Judge of that Court dated September 1, 1970 allowing writ petition no. 933 of 1970 filed by the respondent praying for a writ of mandamus directing the Licensing Authority under the Imports & Exports (Control) Act, 1947 to do his public duty and consider the applications for import licence made by the respondent. More than 200 writ petitions were hears together and disposed of by a common judgment of the learned single Judge, the facts in the respondent s writ petition No. 933 of 1970 being, by common consent, treated as illustrative of all the other cases as well.

2. On December 7, 1968 Lala Manickchand, proprietor of Messrs. Katerlla Metal Corporation, Madras, respondent in this Court, submitted an application, as a new unit, for the licensing period 1968-69 for the grant of an importing stainless steel as an actual user for manufacturing hospital requisites. The registration certificate dated December 31, 1968 issued to the respondent as a small scale industry by the Additional Assistant Director of Land & Commerce, District Madras North, reads;

"DEPARTMENT OF INDUSTRIES & COMMERCE SMALL SCALE INDUSTRIES DIVISIOIN

S. No. 571 Registration

No. MS. N. SSI/506/033

CERTIFICATE

This is to certify that M/s. Katrala Metal Corporation 54 Sydenhams Road, Madras 7 office at 90 N.S.C. Bose Road, Madras 1 is a genuine Small Scale Industry engaged in the manufacture of Hospital and Surgical Instruments. Trays, Mugs, Basins and Household Utensils out of stainless steel.

Sd/- S.Gopalsrishnan.

Addl. Asstt. Director of Land & Commerce, District Madras North.

31-12-68"

According to Import Trade Control policy (1966-69) industries engaged in the manufacture of "medical and surgical equipment and appliances" were included in the list of priority industries at sl. no 39 of Appendix in Section V. The import policy is announced and published by the Government of India, Ministry of Commerce, on the eve of each financial year by means of a Public Notice which is issued in the form of a book called the Import Trade Control Policy, commonly known as the "Red Book". Prior to 1962 the import policy used to be published on half yearly basis. But with effect from the financial year 1962-63 the Red Book is the Handbook of Rules and Procedure on Import Trade Control. Its provisions are brought into force by a Public Notice published in the Gazette of India Extraordinary. It embodies the procedures, rules and regulations governing the submission of applications, grant of licences, their validity and utilisation and other matters relating to import trade control. The instructions contained in this book are applicable subject to future amendments and to the provisions of the relevant import trade control policy book: vide cl. 6, Chapter II of Handbook of Rules and Procedure, 1968. As is obvious from the preface of the Red Book for the year 1968-69, in formulating the import policy, account is generally taken of all the suggestions received from individuals, chambers and associations of trade and others. It appears that according to this policy import for household utensils was not available as a priority item and this necessitated further clarification from the respondent. In the meantime on January 30, 1969 Licensing Instruction No. 4/69 was issued from the Iron and Steel Control Department (I & E Division). It said:

"Iron & Steel Control (I & E Division) Office Note, Licensing Instruction No. 4/69 dated 30-1-1969.

1. It has come to the notice of the Iron & Steel Controller that a large number of applications have been received for import of Stainless Steel Sheet plates and strips from newcomer units during 1968-69. As measure of precaution, the Regional Office and Licensing sec