MUNEEM AHMAD Vs. STATE OF UP

JUDGEMENT

(1.) Heard Shri Suresh Chandra Verma, learned Counsel for the Petitioner. Learned Standing Counsel appears for the State Respondents.

(2.) By this writ petition, the Petitioner has challenged the reservation for blind persons to run fair price shops under the Public Distribution Scheme vide Government Orders dated 17.8.2002, as clarified by Government order dated 12.8.2008 issued under the U.P. Scheduled Commodities (Distribution) Order 2004. He has also challenged the Government order dated 12.8.2008 in so far it provides for reserving the Gaon Sabhas filling up the backlog for such disabled persons on priority by giving first preference to blind persons, and to select a person from the block, if no blind person of the village applies for allotment. The challenge is made on the ground that a blind person cannot run the fair price shop. The Petitioner has relied upon definition of 'Agent' and 'Person' in the Control Order in Clauses 3 and 4, and Clause 26, which prohibits the transfer of the agency or appointment of sub-agent. Clause 2(c). Clauses (q), 3, 4 and Clause 26 of the Control Order, 2004 are quoted as below:

(3.) Setting up of fair price shop.--With a view to effecting fair distribution of scheduled commodities the State Government may issue directions under Section 3 of the Act to set such number of fair price shops in an area and in the manner as it deems fit.