J U D G M E N T

VIPIN SANGHI, J.

INTRODUCTION – SUBJECT MATTER OF CHALLENGE

1. In challenge in these two writ petitions, primarily, is the Door Step Delivery of Ration Scheme evolved by the Government of National Capital Territory of Delhi (GNCTD). The same, in effect, seeks to by-pass the existing Fair Price Shop (FPS) Owners/Dealers in the matter of distribution of foodgrains and wheat flour (Atta) at the door step of the beneficiaries under the Targeted Public Distribution System (TPDS).

2. W.P.(C) No. 2037/2021 has been preferred by a registered society of FPS Owners/Dealers i.e. the FPS licensees appointed under the Essential Commodities Act, 1955 (ECA).

3. W.P.(C) No. 13104/2021 has been preferred by the Delhi Ration Dealers Union through its President and six other individual petitioners. Whereas, petitioner No.1 is a Union of more than 700 FPS owners under the National Food Security Act, 2013 (NFSA), who are engaged in providing rations to TPDS card holders, petitioner Nos. 2 to 7 are some of the FPS owners who are also members of the petitioner No.1 union. These petitioners have been licensed by the GNCTD to provide ration to TPDS card holders.

4. While in W.P.(C.) No. 2037/2021, the petitioners challenge the Mukhya Mantri Ghar Ghar Ration Yojna (MMGGRY) Scheme and the tender numbers - Bid I.D. No. 2021_DCCWS_198395_TENDER Issuing Date: 06/01/2021, Bid I.D. No.2021 DSCSC198921_1 TENDER Issuing Date: 19/01/2021, and Bid I.D. No.2021 DSCSC198916_1 TENDER Issuing Date : 19/01/2021 issued by the GNCTD. In W.P.(C.) No. 13104/ 2021, the petitioners seek a restraint against the GNCTD from authorizing delivery of Ration at the Doorsteps of the TPDS beneficiaries through any other agency, other than the FPS owners. The petitioners seek a direction to the GNCTD to allow FPS Owners to deliver the Ration at the doorstep of ration cardholders/ TPDS beneficiaries. The challenge is founded upon the submission that the MMGGRY Scheme and the tenders aforesaid are arbitrary to the statutory provisions and schemes in vogue, and seriously impinging on the rights and business interest/ viability of the members of the petitioner association. At this stage itself, we may observe that during the pendency of W.P.(C) No. 2037/2021, the MMGGRY Scheme was rescinded by the Council of Ministers on 24.03.2021. However, the Council of Ministers decided to implement the same scheme – without the same nomenclature though, and, therefore, the challenge to the said Scheme survives. The arguments in these petitions have proceeded in the aforesaid background. The Door Step Delivery of ration under challenge is referred to as the impugned Scheme or MMGGRY in this judgment hereinafter for the sake of convenience.

5. We may now narrate the relevant facts which have led to filing of these two writ petitions.

RELEVANT FACTS

6. On 06.01.2021, the Delhi Consumer Cooperative Wholesale Store Limited (DCCWSL), Government of NCT of Delhi, which is respondent No. 3 in W.P.(C.) No. 2037/ 2021 issued a Notice Inviting e-bid (NIB)/ Request for Proposal (RFP) vide tender reference No: Bid I.D. No. 2021_DCCWS_198395_1 for the selection of delivery agency for implementation of direct to home delivery of Public Distribution Scheme (PDS) commodities under MMRRGY Scheme in Delhi, and to carry out the following activities:

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1. Receipt of FPS wise Allocation order and SFA delivery schedule.

2. Planning and Scheduling of DHD Operations.

3. Identify Set-up and Operate FPS shops with large storage at District/Group level.

4. Receipt of Packed Commodities at FPS Shops with large storage at District/Group level.

5. Identify Set-up and Operate Fair Price Shops at Circle level.

6. Doorstep Delivery of SFAs.

7. Setting up of MMGGRY Call Centre.

8. Training and Capacity Building.

9. Grievance Resolution and Management.

10. Scope of Work for the PoS vendor.

11. Periodic reporting to DCCWS. ‖ (emphasis supplied)

7. The introduction to this NIB, inter alia, stated as follows: ―Targeted Public Distribution Sy