Shaik Erdus Basha v. The State Of Andhra Pradesh Rep By The Ex.Officio Secretary,
HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION NOS. 14655,14661,14660,14668 & 14666 OF2015 COMMON ORDER:
All these Writ Petitions were filed challenging the notification issued by the respondents for filling up of the Fair Price Shop Dealer vacancies on regular basis.
The main ground of attack is that the respondents have not followed the Rule of Reservation as envisaged in G.O.Ms. No. 4 (Consumer Affairs, Food and Civil Supplies (CS-1) Department dated 19.2.2011 and the subsequent circulars issued from time to time. At the time of arguments, the learned Government Pleader produced before this Court a tabular statement indicating 958 total vacancies existing in Kurnool Division of Kurnool District as per roaster point, which is extracted hereunder:
ABSTRACT OF F.P SHOP DEALERS EXISTING IN KURNOOL DIVISION OF KURNOOL DISTRICT AS PER ROASTER POINT particulars OC BC SC ST PH G.T W category M W T M W T M W T M W T M W T Total No.of vacancies notified.
The said tabular form was given to the counsel appearing for petitioners and he verified the same and after verification, he seeks permission of this Court to enable the petitioners to submit their applications for undergoing the process of selection. No such permission need be granted by this Court if the petitioners are otherwise eligible. Learned counsel appearing for the petitioners also raised another ground stating that the Rule of Reservation in respect of Muslims was not followed. But when the
Court pointed out whether the Rule of Reservation for appointment of Fair Price Shop Dealers was extended in case of Muslims, learned counsel unable to point out any Government Order in support of his contention. In the circumstances, the said ground is not available to the petitioner.
Accordingly, all the Writ Petitions are closed giving liberty to the petitioners to take appropriate proceedings in accordance with law if they want to apply for appointment of Fair Price Shop Dealers on regular basis. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, pending if any, shall stand closed.
___________________________________ A. RAMALINGESWARA RAO, J DATE: 31.08.2015 KA