M/S ASHOKA SMOKELESS COAL IND. P. LTD. AND ORS. v. UNION OF INDIA AND ORS.

H However, discussions made hereinbefore should not be taken to lay H ,,____

ASHOKA SMOKELESS COAL IND. P.LTD. v. U.0.1. (S.B. SINHA, J.] 1027 down a law that the Central Government and for that matter the coal companies cannot change their policy decision. They evidently can; but therefor there should be a public interest as contra distinguished from a mere profit motive. Any change in the policy decision for cogent and valid reasons is acceptable in law; but such a change must take place only when it is necessary, and upon undertaking of an exercise of separating the genuine consumers of coal from the rest. If the coal companies intend to take any measure they may be free to do so. But the same must satisfy the requirements of constitutional as also .,. the statutory schemes; even in relation to an existing scheme e.g. Open Sales Schemes, indisputably the coal companies would be at liberty to fonnulate the new policy which would meet the changed situation. E-advertisement or E- tender would be welcome but then therefor a greater transparency should be maintained.

For the reasons aforementioned, Civil Appeal Nos. 2972 and 2975 of 2005 being devoid of any merits are dismissed. Civil Appeal arising out of S.L.P. (Civil) No. 24034 of2005 is allowed and the impugned judgment of the Madhya Pradesh High Court is set aside. No separate order is required to be D ' passed on Civil Appeal No.5547 of2004 arising out of the judgment and order -,. of the Calcutta High Court as the said case would also be governed by this judgment. All other appeals and transferred cases are disposed of with the aforementioned observations and directions.

K.K.T. Appeals Transfer Cases disposed of.