"Time Has Come For Shops To Reach Consumers' Doors": Calcutta HC Dismisses Plea Against WB Govt 'Ration At Doorstep' Scheme

The Calcutta High Court recently dismissed a petition challenging the West Bengal government's newly introduced 'Duare Ration' (ration at doorstep) program holding that it does not appear that the Scheme contravenes any of the provisions of law and that Time has come for the shop to reach the doorstep of the consumers.

The Bench of Justice Amrita Sinha was hearing a plea filed by some licensed fair price shop (FPS) owners against the Government's scheme who were aggrieved by the act of the Government in undertaking the Scheme.

The matter in brief 

The Government of West Bengal, Department of Food and Supplies recently came up with the idea to supply ration under the National Food Security Act and Rajya Khadya Suraksha Yojana at the doorstep of the consumers and named the project as 'Duare Ration Scheme'.

Presently, it is a pilot project of this nature and certain guidelines have been framed for the implementation of the Scheme and on 27th August, 2021, the guidelines for the month of September 2021 were issued by the Secretary, Food and Supplies Department.

The arguments put forth

Their primary contention of the petitioners was that the Scheme is contrary to the provisions of the Essential Commodities Act, 1955 ('ECA' for short), the National Food Security Act, 2013 ('NFSA' for short), and various Control Orders promulgated under the Acts.

The petitioners contended that as per the provisions of the aforesaid Acts, essential commodities are to be sold from the Fair Price Shops to the ration cardholders. There is no provision in law for the distribution of ration by the FPS (Fair Price Shops) owners at the doorstep of the consumers.

It was further submitted that it is the duty of the cardholders to collect the ration from the FPS and it is neither the duty nor the responsibility of the FPS owners to supply ration at the doorstep of the consumers.

Lastly, it was argued that the State Government, by way of this Scheme, was trying to introduce the system of door-to-door delivery of ration items by the FPS owners and the State was trying to tweak the manner of distribution of ration items to the consumers.

Court's observations

At the outset, the court observed that the Scheme has taken care of the FPS owners and have allotted additional commission to them to compensate the cost of delivering the articles at the doorstep and that the Government has also decided to provide subsidy for purchase of delivery van with a view to motivate the dealers.

"Over a period of time, it is expected, that the FPS owners will catch up and adopt the system. The fundamental right of the petitioners to continue their business has not been infringed in any manner. The right to trade or carry on business is left intact. The licensee is bound to abide by any instruction as may be given by the Department," the Court further added.

Further, the Court underscored that the concept of a static shop is slowly fading away in favour of the mobile shop and that the targeted public can be served in a better manner and the object and purpose of NSFA can be achieved to a great extent if adequate quantity of quality food at affordable process can be provided to them.

"Nothing can be better if the same is delivered to them directly to their homes with no extra charges," the Court stressed.

Importantly, noting that the prevailing system of the consumers visiting the ration shops for collecting ration items continues and over and above the erstwhile practice, the Scheme ensures that the FPS owners supply the ration articles at the doorstep of the consumers, the Court observed thus:

"FPS in the present context has to be taken as a mobile FPS which will go to the doorstep of the consumers for delivery of the ration items. It is just an extension of the static shop which functions from the address mentioned in the records. The fixed shop at the recorded address remains functional. Dual modes of service become available. The consumer can exercise choice whether to purchase goods from the static shop or the mobile shop. The same is a step forward to achieve the object and purpose of NFSA to provide quality food at affordable prices to the targeted people. Price being the same, it is the quality and quantity of the food that matters and not the mode of delivery of the same."

The Court further stressed that the time has come for the shop to reach the door step of the consumers and opined that procedural change in the mode of delivery of goods, if is in the nature of advancing the Public Distribution System, then the same has to be taken as legal and valid.

Lastly, the Court concluded by stating thus:

"It is not that all the schemes undertaken by the Government will become successful. Whether the present Scheme will be accepted by the consumers, be successful or beneficial to the consumers, can be assessed only after a period of time. Whether the Scheme will survive or fizzle out after some time is a different question altogether. At the touchstone of the law governing the field it does not appear that the Scheme contravenes any of the provisions of law."

With this, the Court dismissed the plea.

Case title - Mrityunjoy Garang & Ors. v. State of West Bengal & Ors.

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