JUDGMENT 1. THIS appeal is directed against the judgment dated 7th January, 2010 ofthe learned Single Judge dismissing the writ petition filed by the appellant. The appellant had prayed for directions on the respondent-State authorities to select the appellant-writ petitioner as crusher of BPL wheat into fortified atta in the district of Birbhum and issue necessary allotment order of BPL wheat in favour of the writ petitioner. 2. BY advertisement dated 3rd July, 2009 the District Controller, Food and Supplies, Birbhum invited applications in the following terms: "Applications are invited from bona fide flour mills/ chakki mills of Birbhum district who intend to convert BPL wheat into fortified atta for this District. The terms and conditions for selection will be in terms of G.O. No.5347-FS Sectt. Food 13A-06 07 dt. 10.08.07. Flour Mills/Chakki Mills should submit their application with supporting documents as required under G.O. No. referred above. Application will be received in the office of the District Controller (FandS), Birbhum upto 10.07.2009 till 5 p.m." The relevant portion of the guidelines dated 10th August, 2007 referred to in the advertisement reads as under: "3. Eligibility criteria for selection of flour mill(s)/chakki mill(s) under the scheme: i) In addition to the main wheat crushing machinery the mill should be equipped with cleaning machine (for cleaning of wheat before grinding). dozing machine (for premixing nutrients at appropriate dose) and automatic online/automatic packaging machines capable of packaging 750 gms of atta in properly labelled polypacks having thickness above 40 microns (to avoid wastage, contamination, short weightment and proper sealing). Priority will be given to flour mills /chakki mills having automatic online/automatic packaging machines. However if the number of automatic online/automatic packaging machines are insufficient in a district to pack the required allocation of wheat within the specified time for proper distribution, then as a special case and only for such time as the packaging capacity under automatic/automatic online packaging machine are not enhanced/increased in the flour mills/ chakki mills in a district semiautomatic packaging machines may be considered provided that they are capable of packaging the fortified atta within the required time while maintaining the relevant PFA standards/norms. But on no account are manual packaging machines to be considered as it would be difficult to monitor wastage, short weighment, contamination and ensure proper sealing." (Emphasis supplied) 3. But on no account are manual packaging machines to be considered as it would be difficult to monitor wastage, short weighment, contamination and ensure proper sealing." (Emphasis supplied) 3. THEREAFTER the District Controller issued the order dated 24th July, 2009 in favour of M/s. Jai Loknath Flour Mills Private Limited and M/s. Maa Fullora Flour Mill, inter alia, in the following terms: "With reference to above, I am directed to say that you have selected flour mills of Birbhum namely (1) Jai Lokenath Flour Mills Private Ltd. (2) M/s. Maa Fullora Flour Mill for participating in the scheme of conversion of BPL wheat into fortified atta for distribution amongst the identified BPL beneficiaries in the district of Birbhum through PDS network. Out of total allocation of BPL wheat of 1837 M.T. per month for the district of Birbhum it has been proposed to be allotted among the above mentioned two flour mills for the scheme in the Birbhum district in accordance with capacities of the mills i.e. in the ratio of 190.8 flour mill-wise sub-allotment of BPL wheat for conversion into fortified atta per month will be as follows: SI. No. Name of the flour mills Quantity allotted 1. . Jai Lokenath Flour Mills Pvt. Ltd. 1737 M.T. 2. M/s. Maa Fullora Flour Mill 100 M.T. After consideration of the proposal Govt, has agreed to allot the said quota of BPL wheat to the above mentioned two flour mills for production of fortified atta with the request to obtain report every month from the DC FandS, Birbhum regarding the ratio of atta milled by each mill against the BPL wheat allocation given and No. of packets in 750 gms. sub-allotted to dealers. The flour mills so selected shall follow the policy of Govt, of India in respect of wheat flour under TPDS issued vide No.4-7/2005-Py, IV/PD-KPt) dt. 17.01.2008 followed by guidelines issued by the Govt, of West Bengal vide No. 5347-FS dated 10.8.2007. This order is issued provisionally for three months only. The SCFandS, Birbhum, shall check all the flour mills personally and report to the Govt, as to the milling capacity, packaging capacity etc. coupled with documents in support of the report. These reports and their performance is to be considered for assessing their further eligibility." (Emphasis supplied) 4. This order is issued provisionally for three months only. The SCFandS, Birbhum, shall check all the flour mills personally and report to the Govt, as to the milling capacity, packaging capacity etc. coupled with documents in support of the report. These reports and their performance is to be considered for assessing their further eligibility." (Emphasis supplied) 4. AS far as the appellant is concerned, it had made the application by 10th July, 2009 when it did not have packaging and dozing machine. However, the petitioner thereafter wrote a letter dated 3rd August, 2009 to the District Controller (Annexure - B) in the following terms: "On 14/7/20091 had made an undertaking application for a packing machine and dozing machine for my mill. So the packing machine and dozing machine have been completely fitted. Hence I pray to you to make an enquiry in my mill." Accordingly the District Controller made inspection and made a recommendation in favour of the appellant. The appellant again sent representation dated 23rd November, 2009 requesting the authorities to empanel the appellant as atta chakki mill for distribution of fortified atta in PDS. Since the authorities did not respond to the said request positively, the appellant moved the learned Single Judge with the writ petition in which the following order was passed on 10* December, 2009: "As prayed for by Mr. Arun Kumar Deb, learned Counsel appearing for the respondents, put up this case on the 15th of December, 2009. In the meantime, the respondents shall not create any third party interest." On the very next day i.e. on 11th December, 2009 the Joint Secretary, Food and Supplies Department, Government of West Bengal issued a circular to the effect - "it has been decided to allot to all the selected flour mills/chaki mills in all the districts, except in district of Darjeeling for which a separate guidelines are being worked out. BPL wheat for a period of one year or until further orders from the date of this order, before which guidelines shall be issued in this regard". (Emphasis supplied) 5. BPL wheat for a period of one year or until further orders from the date of this order, before which guidelines shall be issued in this regard". (Emphasis supplied) 5. THEREAFTER on 15th December, 2009 the learned Single Judge passed another ''Orderelating to the grievance of the appellants and directed that the Jai Loknath Flour Mills Limited and Maa Fullora Flour Mill shall be impleaded as party respondents and that till the records are produced, whatever actions are resorted to in the meantime shall be subject to final decision of the writ petition. THEREAFTER the learned Single Judge, after hearing the parties, passed the impugned order dismissing the writ petition on the ground that the appellant was not eligible till the last date of making the application which was 10th July, 2010. 6. LEARNED Counsel for the appellant submitted that since the order dated 24th July, 2009 in favour of the private respondents was valid for a period of three months only and since the appellant had acquired all the machines and the District Controller had made recommendation in favour of the appellant, the continuation of allocation of wheat to the respondents beyond three months without considering the appellant's case was illegal. It was further submitted that extension order dated 11th December, 2009 without considering the appellant's case was also illegal. On the other hand, learned Counsel for the private respondents supported the order of the learned Single Judge that once the appellant was not eligible on the last date of making application i.e. 10th July, 2009 the appellant had no right and the writ petition was rightly dismissed. 7. IN response to a query from the Court as to when the respondent-State would be issuing the advertisement inviting applications on the next occasion, the learned Government Counsel stated that he could not obtain instructions. The matter was adjourned twice to enable the learned Govt. Counsel to obtain instructions in this behalf. But the learned State Counsel could not come with the instructions. Hence we proceeded to hear out the appeal. 8. SINCE the appellant did not have all the dozing machines and packaging machine till 10th July, 2009, the appellant was not entitled to be recognised as eligible flour mill in response to the advertisement dated 3rd July, 2007. But the learned State Counsel could not come with the instructions. Hence we proceeded to hear out the appeal. 8. SINCE the appellant did not have all the dozing machines and packaging machine till 10th July, 2009, the appellant was not entitled to be recognised as eligible flour mill in response to the advertisement dated 3rd July, 2007. Even so, the private respondents have no right to have monopoly for the allotment of BPL wheat for conversion into fortified atta for the BPL consumers for all time to come. The extension granted on 11th December, 2009 was for only one year. We, therefore, dispose of this appeal with a direction that in any case the next advertisement shall be issued by the competent authority at least by 30th September, 2010 so that the entire process of inspection, rectification, if any, then final inspection, selection and appointment and selection can be completed by 10th December, 2010. However, there shall be no further extension after 10th December, 2010 without following the process of advertisement to selection as directed above. Since the allotment letter dated 24th July, 2009 in favour of the two private respondents was for monthly quantities of 1737 MTs and 100 MTs i.e. total 1837 MTs per month, so long as the private respondents continue to do the assigned work satisfactorily, no part of the said quantity can be diverted in favour of the appellant till 10th December, 2010, but in case the Govt, wants any further quantity of wheat to be crushed into fortified atta for BPL families, it will be open to the respondent authorities to allot such, further quantity in excess of 1837 MTs of wheat to the appellants till December, 2010 after being satisfied about the appellants having all the required machines. 9. STAY of operation of this order is prayed for on behalf of the private respondents. The prayer is considered and rejected.