"Let no one die of hunger:" Allahabad High Court quashes UP Govt order to give preference to “self-help groups” in allotment of fair price shop

In a significant ruling, the Allahabad High Court on Monday held that granting preference to “self-help groups” in allotment of fair price shop is unconstitutional and ultra vires the provisions of National Food Security Act and UP Panchayati Raj Act. The court said that right to food is a fundamental right and no one should die of hunger. (Haripal v. State of UP).In doing so, the Court held that the judiciary owes a legal obligation to ensure that State supplies good quality food grains to underprivileged citizens. ."The judiciary owes a legal obligation to the underprivileged citizens for which the constitutional courts are duty bound to go into the State's obligation relating to the supply of quality food grains during this crisis failing which the health hazard shall assume unprecedented dimensions and may render the nation helpless," the Court observed. .Right to food is a fundamental right and no one should die of hunger and the Court would be failing in its duty if it fails to notice the plight of underprivileged people during the pandemic, the Court added. .A single-judge Bench of Justice AR Masoodi, therefore, quashed a government order of July 7, 2020 which gave preference to self-help groups in allotment of fair price shops, and excluded all other categories of persons."This Court, for the observations made above, has no hesitation to hold that the Government order dated July 7, 2020 insofar as it excludes the consideration of persons other than Self-help Groups is discriminatory and is violative of Article 14 of the Constitution of India. The impugned government order dated July 7, 2020 also offends the mandate of Section 12(2(e) of the Act, 2013 as well as Clause 7(2) of the Control Order, 2016 issued by the State Government.".In this regard, the Court also requested the Supreme Court which is dealing with suo motu petitions, to "include consideration on the issue of distribution of food grains to the vulnerable section" of people and ensure the accountability of governance in relation to quantity and quality related issues. .The following questions were taken into consideration by the Court to determine the validity of the government order: (i) Whether for the grant of licences for carrying out the objects of Public Distribution System, it is the government order dated August 5, 2019 which is to operate or the so called supplementary government order dated July 7, 2020 running in conflict with the earlier government order occupying the field and as to whether the impugned government order stands the tests of Article 14 of the Constitution of India and does not offend the mandate of Section 12 (2)(e) of the Food Security Act, 2013;(ii) Whether the contemplation and enforcement of exclusive preference in favour of self help groups by means of the government order dated July 7, 2020 that too by sidetracking the role of Gaon Sabhas is not in violation of the mandate of Article 14 read with Article 19(1)(c) of the Constitution of India as well as the relevant statute; (iii) Whether a self-help group without having a juristic character would nevertheless be eligible and would fall within the scope of a public body or public institution for the purposes of allotment of fair price shop in the State of UP..The Court in this regard opined that the rural population has suffered much on account of non-supply of food grains which has ultimately led to food scams. "The State Government has not projected any clarity in the matter of Self-help groups except that they are granted a unique identity number by some agency known as 'National Rural Livelihood Development Mission'. Mere allotment of a unique ID by National Rural Livelihood Development Mission for the purposes of grant of licence to run a fair price shop on behalf of the State is not enough.".After considering the questions the Court said that the government order of July 7, 2020 offends the mandate of Section 12(2(e) of the Food Security Act, 2013 and Clause 7(2) of the Control Order, 2016 issued by the Uttar Pradesh State Government.It ruled that the government order is against the competitive spirit of Section 12(2)(e) of the National Food Security Act, 2013 and seeks to "create monopoly in favour of the self-help groups having a weak legal identity for the purposes of fixing accountability." Hence, it held that any such body is susceptible to worsen the objects of Public Distribution System instead of bringing about any reform.It further ruled that the government order is violative of Article 14 of the Constitution, since it excludes the participation of eligible village residents and other juristic persons such as cooperative societies or Gram Panchayats at par with the self-help groups.On the issue juristic character, the Court opined that a self-help group must ideally qualify the standards of a juristic person for the purpose of its existence and identity both so that there is no difficulty to fix accountability in the matter of irregularities or dereliction of duty coming to the notice of the State.However, as per the government order, this was not necessary. "For want of juristic sanctity, any benefit exclusively granted is, thus, non-est in the eye of law," the Court concluded..For these reasons, the government order was set aside and the Court directed that the order be sent to the Chief Secretary, Government of UP as well as to the Registrar General, Supreme Court of India, New Delhi and Allahabad High Court. .[Read Order]