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.
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