Excelsior Correspondent
Srinagar, June 3: The High Court today directed the Food, Civil Supplies and Consumer Affairs Department (FCS&CA) to ensure that the object of scheme of supply of subsidized Kerosene Oil under norms of Central Government to targeted beneficiaries is achieved.
Hearing the petition filed by the Kerosene Oil dealers through Senior Counsel Jehangir Iqbal Ganie challenging the validity of Government Order Nos. 36-JK(FCS&CA) of 2021 dated 22nd of March, 2021 and 220- DFCS&CAK of 2021 dated 23rd of March, 2021reducing therein the allocation of Subsidized Kerosene Oil quota for the month of March, 2021 for them, Justice Ali Mohammad Magrey directed the Commissioner and Director FCS&CA to ensure that the object of the scheme is achieved in tune with the norms and guidelines notified by the Government of India on the subject.
Court directed the Commissioner/ Secretary to the Government of Union Territory of Jammu and Kashmir, Department of Food, Civil Supplies and Consumer Affairs to explore the possibility of supply of subsidized Kerosene Oil to the targeted beneficiaries by use of Point of Sale (PoS) at Sale shops and outlets in all the districts of J&K.
Justice Magrey, in order to ensure convenient and effective distribution directed the Department of Food, Civil Supplies and Consumer Affairs, Government of Union Territory of Jammu and Kashmir to review the allocation of subsidized Kerosene Oil to the wholesale distributions/ dealers on district wise basis equally amongst the licensees.
“A Status and Compliance Report, in this regard shall be filed by both Commissioner Secretary and Director FCS&CA before the Court on or before the next date of hearing so fixed”, read the direction.
Advocate Ganie while referring the communication of the Ministry of Petroleum and Natural Gas Government of India has allotted Subsidizer Kerosene Oil quota for the fourth quarter of the year 2020-21 to the States and Union Territories; where-after the State Governments and Union Territory Administrations were required to ensure lifting of entire allocation within the quarter itself and make dealer wise monthly allocation across the Country.
He added that in order to decide and fix the quota of wholesale dealers in the State Governments and Union Territory Administrations, the Ministry of Petroleum and Natural Gas in terms of communication No.P-21016/20/2012-Dist dated 23rd of October, 2013, has already notified the guidelines/instructions, which emphasize that the quota for the Dealers is required to be determined/fixed by taking into consideration the historical allocation for the district in the same month last year.
These guidelines and instructions, as stated, by the Advocate Ganie have been notified so as to ensure that the quota of wholesale dealers is not fixed arbitrarily by the State Governments/Union Territory Administrations.
It is pleaded that both the officials of FCS&CA in terms of the impugned Government orders dated 22nd of March, 2021 and 23rd of March, 2021, have directed reduction of allocation of Subsidized Kerosene Oil quota in respect of the Petitioner-dealers for the month of March, 2021 in violation of the aforesaid guidelines/ instructions issued by the Petroleum Ministry.
Advocate Ganie submitted that the impugned Government Orders smack of favoritism, besides being in violation of the guidelines notified by the Petroleum Ministry on the subject in terms of communication dated 23rd of October, 2013 as the said guidelines have, till date, not been modified or altered and that they continue to remain in vogue as on date.
Court has been informed that although these guidelines have been notified to ensure that the allocation of Subsidized Kerosene Oil to the Dealers is not left to the individual discretion of the authorities of the State Governments/Union Territory Administrations. However, in the instant case, the officials of FCS&CA Kashmir are making allocation of the subsidized Kerosene Oil on the basis of their personal liking and disliking.
Advocate General, who appeared in the matter on the asking of the Court, submitted that the process of distribution of subsidized Kerosene Oil in the Union Territory of Jammu and Kashmir is governed by SRO 285 of 2016 but, the Petitioner-dealers have not made any reference to the said SRO for reasons best known to them.
He submitted that providing of subsidized Kerosene Oil is beneficiary oriented and not dealer oriented as contended by the Petitioners and the FCS&CA department is well within its powers to make allocation of the Subsidized Kerosene Oil on the basis of actual requirement in a district keeping in view the targeted beneficiaries.
The AG further added that the Administrative Department did not have any details of bonafide requirements, savings, beneficiaries as well as areas assigned to stockiest and, therefore, in order to rule out any arbitrariness and to ensure that the actual requirements of all the bonafide beneficiaries are met, the two Directorates of the Department were requested to furnish proposed stockiest wise allocation of subsidized Kerosene Oil for the month of March 2021, strictly as per norms in vogue so that the requisite allocation can be made.
“Having heard the learned Senior Counsel for the petitioners as well as the learned Advocate General, coupled with the perusal of the pleadings on record, the Court is of the opinion that the Respondents 2 and 3 need to update their stand before the Court with the support of relevant record/ documents qua the distribution of Subsidized Kerosene Oil made in terms of the impugned Government Orders being beneficiary oriented”, the Court directed.
The Commissioner Secretary and Director, court said, have casually stated that the guidelines/ policy so formulated by the Petroleum Ministry cannot be allowed to remain in force for all times to come, without specifically verifying and appreciating as to whether the said policy is still in vogue or stands revoked/ modified.
Court has also sought objections by the Petroleum Ministry vis-à-vis the averments raised by the Petitioner-dealers in their Petition, more specifically the averment regarding the status of the guidelines/ policy formulated by them in the year 2013.
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