RATHVA KARSHANBHAI CHHAGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This intra-court appeal lays a challenge to order dtd. 27/3/2019 passed in Special Civil Application 13209 of 2016 whereby, the learned Single Judge declined to quash and set aside the order dtd. 10/2/2016 passed in Appeal No. 21 of 2013 by the Secretary, Food, Civil Suppliers and Consumer Affairs Department, who by order dtd. 7/5/2013 confirmed the order of the Collector which granted license to run fair price shop at Village Antroli in favour of the fifth respondent herein.

(2.) Having heard the learned advocates appearing for the parties and on perusal of the records, we are of the considered view that finding recorded by the learned Single Judge in paragraph 6 meets the contentions raised by the learned counsel appearing for the appellant. The finding so recorded by the learned Single Judge reads thus :

(3.) A plain reading of the above finding of fact recorded by the learned Single Judge would clearly indicate that candidates who are selected were from amongst Schedule Tribe and Schedule Caste as per clause 6.4 (IV) (b) of Government Resolution dtd. 26/8/2015 and it was found that fifth respondent herein possessed qualification of B.A., B.Ed., with 56.28% and 78.80% respectively, as against the educational qualification of petitioner-appellant who was possessing B.A. LLB with 55%. Thus, even on merits, fifth respondent was better suited and as such, the authority has rightly selected fifth respondent to continue to run fair price depot, which was not found fault with by the appellate authority and the learned Single Judge and rightly so and as such, we decline to entertain this appeal. Appeal stands dismissed.