STAFF REPORTER
GUWAHATI: The Gauhati High Court has upheld the legality of the policy decision taken by the State Government to tag fair price shops that have 50 or less than 50 ration cards with the nearest fair price shop.
A single-judge Bench of the High Court passed the relevant judgment while dismissing a batch of Writ Petitions filed by several aggrieved fair price shop owners.
Appearing on behalf of the State Government, the Advocate General and the Senior Governor Advocate submitted that the measure of tagging together of fair price shops with 50 or less ration cards has been taken to progressively undertake necessary reforms in the Targeted Public Distribution System in consonance with the National Food Security Act, 2013 and its implementation.
The Bench observed that having gone through the National Food Security Act and the Rules framed on its basis, as well as the Essential Commodities Act, 1955 and relevant Orders, it found that the policy decision of the State Government regarding the fair price shops "does not suffer from perversity, unfairness or unreasonableness and also does not violate Article 14 of the Constitution", adding, "the right of legitimate expectation of the petitioners cannot be stretched to such an extent as to prevail over the Cabinet decision/policy of the Government of Assam dated 30.06.2021 as well as 19.10.2021".
However, while upholding the decision in general, the Bench noted the petitioners include some persons who are persons with disabilities or are widows. "Taking into account that the Government has already decided in its Cabinet meeting dated 19.10.2021 not to apply the said decision dated 30.06.2021 to those persons who are specially abled or are widows, this Court directs the State respondents to renew the licences of those petitioners belonging to the category of specially abled or widows, if not already done".
The Bench further noted that in some cases, the licensing authority had renewed the licences of the petitioners. Such renewal is contrary to the policy decision of the State Government and, as such, such petitioners "would definitely be entitled to refund of the renewal fees".
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