Judgment

Agrawal, J.—These petitions under Article 32 of the Constitution raise a common question as to the validity of sub-para (10) of para 218 of the Import & Export Policy for the period April 1988 to March 1991.

2. The petitioners in both these writ petitions are partnership firms carrying on business of import of rough diamonds and export of cut and polished diamonds. The Import & Export Policy for the period April 1978 to March 1979, in para 174, made provision for grant of certain import facilities to Export Houses which were registered in accordance with the provisions of the said Policy. One of the said facilities was grant of an Additional licence in terms of para 176 of the said Policy for an amount to be calculated at one third the f.o.b. value of the exports of select products made by the Export House in the year 1977-78. The petitioners submitted application for registration as Export Houses and for grant of Export Houses Certificate which would have entitled them to the grant of such Additional licence. The said application of the petitioners were rejected by the authorities on the view that petitioners petitioners were rejected by the authorities on the view that pet