PARMAR HARSHADKUMAR AMTHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Service of rule is waived by Mr. Krunal Pandya, Ld. AGP and Mr. Mahesh Bhavsar, learned advocate on behalf of respondents no. 1 to 3 and respondent no. 4 respectively. At the request of learned advocates for the parties, matter is taken up for final hearing today.

(2.) The petitioner has challenged order of respondent no. 1 dated 25/1/2007 passed in Appeal No. 36/2006, whereby appeal of respondent no. 4 has been allowed and he has been allotted the fair price shop meant for village Mandali, Taluka Kheralu. It is the say of the petitioner that he is an educated unemployed and he possesses all the requisites for allotment of fair price shop under the scheme known as "Pandit Din Dayal Grahak Bhandar Yojna". He is better qualified than respondent no. 4. However, respondent no. 1 has wrongly cancelled the allotment granted in favour of the petitioner by respondent no. 2 and has allotted the shop to respondent no. 4.

(3.) I have heard Ms. Laxmi Nainani, learned advocate for the petitioner, Mr. Krunal Pandya, Ld. AGP for respondents no. 1 to 3 and Mr. Bhavsar, learned advocate for respondent no. 4. It is submitted by Ms. Nainani that the degree obtained by the petitioner is equivalent to B.A. The petitioner possessed 57%, whereas respondent no. 4 possessed 46%. According to her, when all things are equal, the difference in percentage of marks will tilt the balance in favour of the petitioner. She has, therefore, submitted that the impugned order be quashed.