JUDGMENT The judgment of the Court was as follows :–– The subject matter of challenge in the writ petition is a notice dated 22nd May, 1989 by which the Sub-Division Controller, Food and Supplies, Barrakpore has invited applications for appointment as Kerosene Dealers in Stalinnagar South, Port Blair Lane, Titagarh P. S. under the Sub-Division Controller, Food and Supplies, Barrakpore. 2. This writ application was moved on 16th June, 1989. An interim order was passed to the extent that the respondents would be at liberty to proceed to receive fresh applications, finalise the same and make appointments which would abide by the result of the writ application. 3. The matter then came up for hearing on 13th December, 1989. A further interim order was passed by which the respondents were restrained from curtailing the existing quota from the members of the petitioners until further orders, 4. The petitioners claim to be Kerosene Oil Dealers of Barrakpore Sub-division. According to the petitioners they had made representations from time to time before the concerned authorities to rationalise the pricing system of Kerosene Oil. They had also protested against the grant of new kerosene oil dealership licences in the area serviced by the petitioner. According to the petitioners, a Circular dated 14.2.85 was issued which laid down the policy regarding the grant of fresh kerosene oil dealership licences in the Sub-division. It was however, stated that the Circular dated 14.2.85 had not been properly framed and had not in fact, been implemented but that it provided for a minimum of 5000 ration cards per dealer. It is the petitioners' case that by a memo dated 13/14th June, 1985 the District Controller, Food and Supplies, 24-Pgs., communicated a decision of the District Magistrate, 24-Pgs. to the effect that issue of kerosene oil dealership licences in the district was prohibited until farther orders except on compassionate grounds. The owners have stated that there was no further need for grant of kerosene oil dealership licences in the Sub-division because the existing oil dealers were more than sufficient to cater to the need of the population of the Sub-division. It is further stated that the price of kerosene oil was required to be re-fixed at a higher rate and the rate of commissioner to the existing kerosene dealers were required to be increased. It is further stated that the price of kerosene oil was required to be re-fixed at a higher rate and the rate of commissioner to the existing kerosene dealers were required to be increased. According to the petitioners, that in the circumstances the grant of additional kerosene oil dealerships pursuant to the impugned notice would ultimately result in further curtailment in the monthly quota of kerosene supply to the existing dealers who were already suffering because of the restricted supply and the arbitrary fixation of price. It is stated that the impugned notice was unconstitutional being violative of Articles 14 and 19(1)(9) of the Constitution. 5. In December, 1992 the State Authorities made an application for vacating the interim order passed on 13th December, 1989. It was stated that the letter dated 14th February, 1985 relied upon by the writ petitioners was issued by the Sub-division Controller who had no authority to take any policy decision regarding the linking of ration cards with kerosene dealers. In any event, it is said that the letter dated 14th February, 1985 was not displayed on the notice board since it was only a proposal and was subject to the approval by the higher authorities. No such approval was granted to the proposal of the Sub-division Controller, Barrakpore. It was further stated that in October, 1986, the District 24-Pgs. was divided into two districts, namely, 24-Pgs. (South) and 24-Pgs. (North). The relevant guidelines for the appointment of kerosene oil dealers in the District of 24-Pgs. (South) (within which the writ petitioners fell), was contained in the Memo issued by the District Controller, Food and Supplies, North 24-Pgs. by a Memo 916(4)/DC dated 31.7.87. By that Memo it was decided that the number of ration cards tagged with the dealers should be in the range of 2500-3500 cards or 500-700 families. The guidelines further provided that in the case of new appointments it should be seen that the proposed dealer had at least 2500 cards or 500 families and that the number of cards of the dealer from whom cards would be de-linked should not go down below 2500. On the basis of the guidelines, proposals for vacancies were forwarded to the higher authorities. The vacancy at Stalinnagar, Barrakpore P. S. which was the subject matter of the impugned notice had been approved by the District Magistrate. On the basis of the guidelines, proposals for vacancies were forwarded to the higher authorities. The vacancy at Stalinnagar, Barrakpore P. S. which was the subject matter of the impugned notice had been approved by the District Magistrate. It was said that the guidelines were issued keeping in view the public interest so that the public were not made to stand in long queues or to traverse long distances to get supplies of kerosene oil and also keeping in view that the dealers should carryon kerosene oil dealership business in a viable manner and vacancies were required to be declared in view of the growing population which had crossed 29 lakhs. It was felt by the administration that the huge number of ration cards tagged with some dealers were not only inconveniencing the public but were inequitably distributed. Examples have been given of the dealers who had ration cards ranging from 4,199 to 10,602 tagged to them. On the other hand, it was said that there are some kerosene oil dealers who had less than 2000 ration cards. The administration was of the view that the ration cards should be distributed equitably amongst the dealers. It is stated that various persons had applied for appointment of dealers in response to the impugned notice but that their appointment could not be made because of the interim order dated 13.12.89. 6. An application was also filed by one Swapan Kumar Pal for being added as a party to the writ proceedings and for vacating of the order dated 13th December, 1989. Swapan Kumar Pal claims to have applied for a dealership in kerosene oil pursuant to the impugned notice. According to him, he has fulfilled all the conditions of being appointed as a dealer but that he was not being considered for appointment by virtue of the interim order passed. 7. Affidavits were filed in all applications and the main writ application was heard by this Court. 8. The two questions which need to be decided by the Court is whether the guidelines issued in 1987 were within the frame work of the Kerosene Control Order 1968 (referred to as the said Control Order) and secondly whether the action can be said to be arbitrary or otherwise unconstitutional. The respondent authorities were directed to produce the relevant file relating to the issuance of the guidelines dated 31st July, 1987. The respondent authorities were directed to produce the relevant file relating to the issuance of the guidelines dated 31st July, 1987. It was stated by the Learned Counsel appearing on behalf of the State respondents that he had received written instructions that the file could not be traced but that the guidelines had been issued on the basis of an order of the Joint Secretary, Food & Supply Department bearing No. 7823 (17 F. S.) / F 6/4M/60/71 dated 17th June, 1971 with the approval of the District Magistrate. The written instruction was placed before this Court together with the Order dated 17.6.71. 9. In my view the writ application must be dismissed. First the submission of the respondents are of substance and deserve acceptance. Second under para 12 of the said Order, the Director of Consumer goods or the District Magistrate has a right to give directions inter alia regarding the linking of family/individual Ration Cards against a dealer under the Order. Thirdly the reasons given for the fixation of the number of Ration Cards or families to a particular dealer cannot be said to be arbitrary or without any nexus to the object sought to be achieved by the said order, namely proper maintenance of supplies of Kerosene oil and equitable distribution thereof throughout the District. Fourthly the matter of reduction of Ration Cards is one of executive discretion which will not be interfered with by this Court under Article 226 of the Constitution unless it can be shown to be palpably perverse. As already stated I am not persuaded to hold that the decision suffers from such a vice. 10. The writ application is accordingly dismissed and all interim orders are vacated. In view of the order passed in the main writ application no separate orders are passed on the application of the State respondents for vacating the interim order or the application of Swapan Kumar Pal. There will be no order as to costs. Later–– Let xerox copies of this order be made available to the learned Advocate for both the parties on their usual undertakings.