DEBANGSU BASAK, J.

1. The petitioner seeks a declaration that the definition of "family member" given in paragraph 2(m) of the West Bengal Public Distribution System (Maintenance and Control) Order 2013, included the brother of the deceased dealer in case of engagement of Modified Ration Dealer (M.R. Dealer) on compassionate ground as contemplated in paragraph 20(vi) of the Control Order of 2013.

2. Learned Advocate appearing on behalf of the petitioner submits that, the definition of "family member" as obtaining in paragraph 2(m) of the Control Order of 2013 is inconsistent with the general Rules of succession in case of Hindu males. He refers to Section 8 of the Hindu Succession Act as well as the Schedule with regard thereto. He submits that, a father and a brother are class-II heirs. The definition of "family member" although includes dependent parents, it does not include a brother. Therefore, the exclusion of a brother from the definition of "family members" as obtaining in paragraph 2(m) of the Control Order is without any intelligible differentia. It is discriminatory. A brother ought to be included in the definition of a "family member". In support of the contentio