Point of Law: Essential Commodities - Duare Ration Scheme - Implementation of Scheme - In a democracy, it is prerogative of elected Government to follow its own policy - Unless any illegality is committed in execution of policy or same is contrary to law or mala fide, a decision bringing about change cannot per se be interfered with by court.

JUDGMENT :

Amrita Sinha, J.

1. Necessity is the mother of invention. An invisible virus has practically compelled mankind to innovate ideas for their survival. Human life style has undergone a sea change. People have been forced to stay indoors to save themselves from falling prey to the deadly virus. Authorities are devising mechanisms to supply utilities and essential articles and services at the doorstep of the citizens. Private bodies are taking a lead and showing the way but the Government and semi-Government bodies are not far behind. Medical, banking, education, judicial services are being made available at the click of a button. All types of articles both essential and non-essential, medicine, luxury goods, clothing, food items - both cooked and non-cooked are supplied at the doorstep of the consumers. The concept of workplace is changing. People are learning to work from home. Individuals are getting accustomed to virtual shops and literally avoiding the idea to actually go to a shop physically.

2. It is at this juncture that the Government of West Bengal, Department of Food and Supplies have come up with the novel idea to supply ration under the National Food Security Act and Rajya Khadya Suraksha Yojana at the doorstep of the consumers. The project has been named ‘Duare Ration Scheme’, herein after referred to as ‘the Scheme’.

3. It is a pilot project of this nature and certain guidelines have been framed for implementation of the Scheme. The guidelines for the month of September, 2021 have been issued by the Secretary, Food and Supplies Department by a memo dated 27th August, 2021.

4. The petitioners being the licensed Fair Price Shop owners are aggrieved by the act of the Government in undertaking the Scheme. The primary contention of the petitioners is that the Scheme is contrary to the provisions of the Essential Commodities Act, 1955 (‘ECA’ for short), the National Food Security Act, 2013 (‘NFSA’ for short) and the various Control Orders promulgated under the Acts.

5. The petitioners contend that as per the provisions of the aforesaid Acts, essential commodities are to be sold from the Fair Price Shops to the ration card holders. Targeted Public Distribution System (‘TPDS’ for short) under NFSA means the system for distribution of essential commodities to the ration card holders through Fair Price Shops (‘FPS’ for short). There is no provision in law for distribution of ration by the FPS owners at the door step of the consumers. It is the duty of the card holders to collect the ration from the FPS and it is neither the duty nor the responsibility of the FPS owners to supply ration at the door step of the consumers. The State Government by way of this Scheme is trying to introduce the system of door to door delivery of ration items by the FPS owners. The State Government is by this method trying to tweak the manner of distribution of ration items to the consumers.

6. The learned senior counsel representing the petitioners has referred to the provisions of Sections 2(4), 2(16), 2(23), 12(1), 12(2), 36, 40(1) and 40(3) of NFSA. Provisions of Section 3 and 5 of ECA have also been relied upon.

7. The West Bengal Public Distribution System (Maintenance and Control) Order, 2013 published in the Calcutta Gazette Extraordinary on 8th August, 2013 (‘CO, 2013’ for short) has also been placed. Paragraph 2(l) has been relied upon.

8. The Targeted Public Distribution System (Control Order), 2015 published in the Gazette of India, Extraordinary on 20th March, 2015 (‘CO, 2015’ for short) has also been relied upon. Paragraphs 2(j), 4, 7(11), 8(3), 8(4) have been placed.

9. The notification published by the Ministry of Consumers Affairs, Food and Public Distribution on 17th August, 2015 promulgating the Food Security (Assistance to State Government) Rules, 2015 has also been placed. Rules 2(g), 5 of the said Rules have been relied upon.

10. It has been contended that the Scheme which has been published by the State Government is by way of