RAVAL VIKRAMBHAI KANAIYALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the orders dated 19. 10. 2005, 05. 01. 2006 and 17. 01. 2008 passed by the respondent-authorities, whereby, the fair price shop was allotted in favour of respondent no. 4 herein.

(2.) THE facts in brief are that on 10. 03. 2005 an advertisement was published in a local daily inviting applications for allotment of fair price shops. In pursuance of the said advertisement, the petitioner herein also submitted his application in the prescribed form. In the select list, the petitioner was placed at Sr. No. 1 and accordingly, vide order dated 28. 06. 2005 passed by respondent no. 2, a fair price shop was allotted in favour of the petitioner. However, vide order dated 19. 10. 2005, respondent no. 1 cancelled the allotment of fair price shop in favour of the petitioner.

(3.) MR. Mahesh Bhavsar, learned counsel for the petitioner, has submitted that the petitioner is more qualified that respondent no. 4. He has submitted that the petitioner is B. A. with English and has also passed M. A. , Part-1 with English, whereas, respondent no. 4 is B. R. S. (Bachelor in Rural Science) (Agriculture ). Moreover, the petitioner is having more work experience than respondent no. 4. Apart from that respondent no. 4 is working as a Teacher. Therefore, as per the Government policy, the respondent-authority ought to have allotted the shop in favour of the petitioner.