OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONERS are three in number. They have filed this writ petition challenging the order dated 1.7.2010 passed by the District Supply Officer, Muzaffarnagar (respondent No. 3) classifying and reserving the unallotted 94 fair- price shops within the urban area of Muzaffarnagar in favour of general category, Scheduled Castes/Scheduled Tribes and Other Backward Class (in short 'SCI ST' and 'OBC') persons.

(2.) THE only thrust of the argument of learned counsel for the petitioner is that under the Government Order dated 17th August, 2002 (Annexure - 2 to the writ petition) which has also been relied upon'by the respondents, the unallotted fair- price shops in the urban area of Muzaffarnagar are to be allotted in accordance with the reservation quota which in no case can exceed 50% of the seats/shops.

(3.) IN the counter-affidavit filed on behalf of respondent No. 3 it has been clearly stated that the reservation/allotment of fair-price shop has been done strictly in accordance with the Government Order dated 17.8.2002. IN Muzaffarnagar there are 16 urban areas. IN these urban areas there are 307 sanctioned fair-price shops. Out of the 307 shops, 213 shops have already been allotted and are running. Thus 94 shops are open for allotment According to sanctioned strength the quota of general category is 154 shops, that of SC and ST together is 71 and that of OBC 83 (after rounding of to the next higher number). The general category candidates already hold 115 shops, whereas SC and ST together are holding 43 shops and OBC 55 shops. IN this way, only 39 fair-price shops of general category 27 shops of SC and ST and 28 shops of OBC remain unallotted. The unallotted shops reserved for SC and ST and OBC comes to 27 + 28 = 55 and the reservation to that extent in their favour would not exceed 50% of the total sanctioned strength of the fair-price shops in the urban area. This can be better explained by means of the following chart:__ <IMG>JUDGEMENT_881_ADJ6_2011Image1.jpg</IMG>