IMPORTANT POINT
The State Government exceeded the limit of delegation by obliging the Fair Price Shop dealers to distribute the rations to the beneficiaries at their doorstep in absence of any authority to that effect in the enabling Act i.e. 'NFS Act'. The 'Duare Ration Scheme' was held to be ultra vires the 'National Food Security Act, 2013' and is therefore a nullity in the eye of law.

JUDGMENT :

Chitta Ranjan Dash, J.

1. There are two appeals – one is FMA 764 of 2022 arising out of WPA No. 17375 of 2021 (Sk. Abdul Majed & Ors. Vs. The State of West Bengal & Ors.) and another MAT 910 of 2022 arising out of WPA 18630 of 2021 (Sk. Manowar Ali & Ors. Vs. The State of West Bengal & Ors.).

2. Both the aforesaid appeal having involved common question of fact and law, they are taken up together for disposal by this common Judgement.

BACKGROUND FACTS

3. In third amendment of the Constitution of India in Entry 33 of List-III (Concurrent List) of Schedule-VII Trade and Commerce in X X (b) foodstuffs inter alia other items were included. Thereafter the Central Government enacted Essential Commodities Act, 1955 (‘EC Act’ for short) giving the same due protection under Article 31B of the Constitution of India. Section 3 of ‘EC Act’ vested power in the Central Government to provide for regulating or prohibiting the production supply and distribution of essential commodities and trade and commerce therein by issuance of requisite order. Section 5 of the ‘EC Act’ empowers the Central Government by notified order to delegate its power to the State Governments to make requisite order and issue notification under Section 3 of the Act.

3.1. In exercise of the power conferred under Section 3 of the ‘EC Act’ Central Government issued Public Distribution System (Control) Order, 2001 (‘Central Control Order, 2001’ for short) for regulating, controlling and monitoring Public Distribution System (‘PDS’ for short) in all over India. While skipping the history, it is relevant to mention here that State of West Bengal framed West Bengal Public Distribution (Maintenance and Control) Order, 2013 for rural areas of West Bengal (‘Rural Control Order, 2013’ for short) in exercise of power conferred under Section 3 of the ‘EC Act’ read with ‘Central Control Order 2001’. Few days thereafter in exercise of the same power under Section 3 of ‘EC Act’ read with ‘Central Control Order, 2001’, State of West Bengal issued West Bengal Urban Public Distribution System (Maintenance and Control) Order, 2013 (‘Urban Control Order, 2013’ for short). In ‘Central Control Order, 2001’, ‘Rural Control Order, 2013’ and ‘Urban Control Order 2013’ there are four types of ration card holders (i) Above Poverty Line (APL), (ii) Below Poverty Line (BPL), (iii) Antyodaya Anna Yojana (AAY) and (iv) Annapurna Yojana. Both the aforesaid Control Order of 2013 were issued by the State Government in the month of August, 2013.

3.2. In the month of September, 2013, Central Government enacted National Food Security Act, 2013 (‘NFS Act’ for short) for maintaining, controlling and monitoring Targeted Public Distribution System (‘TPDS’ for short). After enactment of the ‘NFS Act’ the beneficiaries under the Scheme were confined to two only viz. (i) Priority House Holds and (ii) Antyodaya Anna Yojana.

In the month of March, 2015, the Central Government invoking power under Section 3 of the ‘EC Act’ promulgated Targeted Public Distribution System (Control) Order, 2015 (‘Central Control Order, 2015’ for short). Under Clause 9 of the ‘Central Control Order, 2015’, Central Government has delegated powers to the State Governments to issue requisite order under Section 3 of the ‘EC Act’ but such order should not be inconsistent with the ‘Central Control Order, 2015’ and ‘NFS Act’.

In the month of August, 2015, the Central Government in exercise of power conferred by Section 39(ii)(e) read with Section 22(4)(d) of the ‘NFS Act’ after consultation with the State Governments enacted the Food Security (Assistance to State Governments) Rules, 2015 (‘2015 Rules’ for short) in Rule 7 of the ‘2015 Rules’ there is prescription regarding the share of Central Government and State Government in the expenditure to be borne for supply of foodstuffs under the ‘NFS Act’.

3.3. In the month of November 9, 2021, the Governor of West Bengal by amendment to ‘Rural Control Order, 2013’ in exercise of power conferred b