Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 108

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rohit Ranjan Agarwal, J.
Awadhesh Kumar – Petitioner
Versus
State of U.P. And Others – Respondents
15642 of 2020, 21282, 21579, 21720, 21861, 22018, 22029, 22062, 22900, 23514, 3517, 24053, 25517, 25547, 25821, 25835, 26629, 26636, 26653, 26948, 28930, 28970, 29589, 29684, 30594, 31538, 31825, 31832, 32038, 32299, 32308, 32422, 32518, 32526, 33025, 33028, 33040, 33050, 33062, 33101, 33103, 33186, 33192, 33384, 33402, 33405, 33473, 33631, 33695, 33748, 33871, 33911, 33919, 33949, 34003, 34006, 34024, 34211, 34237, 34696, 34701, 40620, 40624, 40637, 40643, 40650, 41422, 41439, 41442, 41676, 41768, 42004 of 2019, 841, 1309, 1331, 1569, 4166, 4666, 13343, 14493, 14495, 14706, 14714, 16668, 16674, 16678, 17866, 17867, 17869, 17872, 17874, 17876, 17911, 18872, 20825, 25394, 27007 of 2020, 7, 88, 2270, 11575, 11953, 11989, 12055 of 2021
Decided On : 04-02-2022

Advocates:
Advocate Appeared:
For the Petitioner: Vibhu Rai, Abhinav Gaur, Abhishek Shukla

Point of Law : The system was foolproof and once authentication was done by the Competent Authority, no change can be made in the details feeded in the Machine.

Headnote:
National Food Security Act, 2013 - Section 2(23), 4, 5, 6, 7, 9, 10 and 12 - Targeted Public Distribution System (Control) Order, 2015 - Food Security (Assistance to State Governments) Rules, 2015 - Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 - Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 - General Clauses Act, 1897 - Section 21 - Uttar Pradesh Scheduled Commodities Distribution Order, 2004 - Uttar Pradesh State Food Security Rules, 2015 - Rule 2(g), 2(h) and 3 - E-PoS Machine – ‘Feeding’ and ‘Seeding’ – Process of - Eligible card holders - fair price shops - Targeted Public Distribution System - Essential commodities - System integrator - Stop pilferage of foodgrains - Whether Without Data Being Authenticated, Same Can Be Changed Or Altered - Central Government in implementing Act, 2013 which provided for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto - Licence of fair price shop dealer has been cancelled by State on ground that in month of July, 2018, certain transaction alleged to have been carried out by dealers before Aadhaar number could be feeded and seeded, that ration was lifted of the dormant cardholders.
Finding of the court: It is clear that the first step is of entering the details of Aadhaar of a beneficiary into the E-PoS Machine, where neither authentication is done nor any OTP is generated and this is called ‘feeding’. According to the State, this was dynamic mode, wherein system operator could enter the detail and edit the same number of times till it was finally locked during evening hours - “Process of Seeding” includes both feeding and seeding of Aadhaar details of a beneficiary in E-PoS Machine. As discussed earlier, the process is divided into two parts, firstly, by entering the data where it is in dynamic mode and, secondly, upon its verification, it gets locked and is in static mode - Court finds that entire controversy is being dragged on in garb of word ‘seeded’. The terminology is vast and includes both ‘feeding’ and ‘seeding’. One should be remindful of the fact that prior to the use of E-PoS Machine, an exercise being undertaken by the State Authorities for seeding of the Aadhaar details of a beneficiary, the PDS System was working manually - Petitioners have not denied the ration being given to the dormant cardholders in their reply nor in the writ petition. Moreover, case of the State is specific to the effect that ration was withdrawn of the dormant cardholders. Thus, no question arises for anyone coming forward and making complaint - Court finds that no interference is required in the order dated 25.11.2019 passed by District Magistrate.
Result: Writ petitions dismissed

JUDGMENT :

1. Modern science and technology had transformed life of million of people across the globe. In this 21st Century, technology has helped various Government in uplifting and shaping the life of poor and downtrodden by implementing various beneficial scheme, through the use of technology.

2. One such move was made by Central Government in implementing National Food Security Act, 2013 (hereinafter called as “Act of 2013”), which provided for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto.

3. For the first time, ration card holders were to be distributed essential commodities under the “Targeted Public Distribution System”. Section 2(23) of Act of 2013 defines the word “Targeted Public Distribution System” as under :

“(23) “Targeted Public Distribution System” means the system for distribution of essential commodities to the ration card holders through fair price shops.”

4. Act of 2013, vide Section 3 for the first time, recognized the right of an individual belonging to ‘priority households’ to receive foodgrains at subsidized prices under the Targeted Public Distribution System.

5. Section 7 required implementation of scheme for realisation covering entitlement under Sections 4, 5 and 6 by the State Government. Section 9, which comes under Chapter IV of Act of 2013, provides for identification of eligible households, required that the coverage of population under Targeted Public Distribution System was to be determined by the Central Government and the total number of persons to be covered in the rural and urban areas of the State was to be calculated on the basis of population estimate as per the census of which relevant figures have been published.

6. Section 10 required the State Government to prepare guidelines and to identify priority households. Chapter V of Act of 2013, through Section 12 required both Central and State Governments to progressively undertake necessary reforms in the Targeted Public Distribution System in consonance with the rule envisaged for them under the Act. Sub-section (2) of Section 12 was the most important step as it included reforms, such as :

(a) doorstep delivery of foodgrains to the Targeted Public Distribution System outlets;

(b) application of information and communication technology tools including end-to-end computerisation in order to ensure transparent recording of transactions at all levels, and to prevent diversion;

(c) leveraging “aadhaar” for unique identification, with biometric information of entitled beneficiaries for proper targeting of benefits under this Act.

7. Thus, it was for the first time that reforms vide Targeted Public Distribution System was introduced through Act of 2013 whereby the focus was that the essential commodities be distributed to eligible card holders by the use of technology and computarization of records to ensure transparent recording of transactions and the use of Aadhaar with biometric information so as to stop pilferage of foodgrains.

8. Subsequent to this enactment, Central Government came out with the Targeted Public Distribution System (Control) Order, 2015 (hereinafter called as “Control Order of 2015), which was published in the Gazette of India on 20th March, 2015. The object of brining the Control Order of 2015 was for maintaining supplies and securing availability and distribution of essential commodity, namely, foodgrains. Clause 3 thereof required identification of eligible households under the Act of 2013 in rural and urban areas respectively for receiving subsedized foodgrains under the Targeted Public Distribution System. This was the first step which required the State Governments to access the coverage of eligible households in rural and urban areas to whom the subsedized foodgrains was to be distributed under the Targeted Public Distribution System.

9. Th