Case Note & Summary
The appellant, K.R. Pete and Pandavapura Taluk MSPC, a society registered under the Karnataka Societies Registration Act, 1960, challenged guidelines dated 21.10.2023 and a letter dated 31.10.2023 issued by the Department of Women and Child Development, Karnataka. The guidelines required milk supply societies to be registered under the Karnataka Societies Registration Act, 1960 and to have their own infrastructure, including a chilling plant and vehicle, to supply milk to Anganwadi centres. The appellant had been supplying milk for several years but was allegedly not complying with the new conditions. The Single Judge dismissed the writ petition, holding that the guidelines were in tune with an earlier order of the court dated 27.05.2022. The Division Bench, in this intra-court appeal, considered whether the guidelines were arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution. The court held that the guidelines were based on an expert committee report and were aimed at ensuring quality and accountability. The classification between societies that meet the conditions and those that do not was reasonable and had a rational nexus with the objective. The court also noted that the appellant could comply with the conditions to continue supply. The appeal was dismissed, upholding the guidelines.
Headnote
A) Constitutional Law - Article 14 - Reasonable Classification - Guidelines requiring milk supply societies to be registered under the Karnataka Societies Registration Act, 1960 and to have own infrastructure are not arbitrary - The classification is based on intelligible differentia and has rational nexus with the object of ensuring quality and accountability in supply of milk to Anganwadi centres - Held that the guidelines are reasonable and do not violate Article 14 (Paras 5-8). B) Constitutional Law - Article 19(1)(g) - Right to Practice Any Profession - The guidelines do not infringe the right to carry on business as they are regulatory in nature and aimed at public interest - The appellant society can comply with the conditions to continue supply - Held that there is no violation of Article 19(1)(g) (Paras 5-8). C) Administrative Law - Judicial Review of Policy Decisions - Courts should not interfere with policy decisions unless they are arbitrary, irrational, or mala fide - The guidelines are based on expert committee recommendations and are in public interest - Held that the Single Judge rightly declined to interfere (Paras 5-8).
Issue of Consideration
Whether the guidelines dated 21.10.2023 and letter dated 31.10.2023 issued by the Department of Women and Child Development, Karnataka, requiring milk supply societies to be registered under the Karnataka Societies Registration Act, 1960 and to have their own infrastructure, are arbitrary and violative of Article 14 and Article 19(1)(g) of the Constitution of India.
Final Decision
The appeal is dismissed. The order of the Single Judge dated 03.11.2023 is confirmed. The guidelines dated 21.10.2023 and letter dated 31.10.2023 are upheld.
Law Points
- Interpretation of government guidelines
- Reasonable classification
- Right to livelihood
- Judicial review of policy decisions
