Judgment

SEN, J. :- The only question involved in this and the connected Special Leave Petitions directed against a judgment of the Madhya Pradesh High Court is whether the M. P. (Foodstuffs) Civil Supplies Public Distribution Scheme, 1981, formulated by the State Government under sub-clause (d) of Clause 2 of the M. P. Foodstuffs (Distribution) Control Order, 1960,. introducing a new scheme for running of Government fair price shops by agents to be appointed under a Government scheme giving preference to cooperative societies, in replacement of the earlier scheme of running such fair price shops through retail dealers appointed under Clause 3 of the Order, is violative of Articles 14 and 19 (1) (g) of the Constitution.

2. To give a short resume The M. P. Foodstuff (Distribution) Control Order, 1960 (hereinafter called the Control Order) was made by the State Government in exercise of the powers conferred by Section 3 of the Essential Commodities Act. 1955, read with Government of India, Ministry of Food and Agriculture (Department of Food), Order No. GSR 1088 dated Nov. 15, 1958, to provide for distribution of foodstuffs at fair prices under a Government Scheme. The scheme of the Co