NANJALA BAYAMMA Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner assails the notification issued by the first respondent dt. 15-2-1997 inviting applications from physically handicapped women (PHC women) for being appointed as fair price shop dealer and for being granted authorization as such dealer under the A.P. Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 ('the Control Order' for brevity). This Court by an order dated 27-2-1997 directed that selections in pursuance of the notification dt. 15-2-1997 shall not be finalised.

(2.) It is the case of the petitioner that she belongs to Pallipadu village in Khammam District. A vacancy of dealer of fair price shop No.2 arose in the said village. The first respondent issued notification dt. 29-1-1997 inviting applications and the petitioner was one of the candidates. However, on a representation being made by the Sarpanch that there was no proper publicity about the notification, the first respondent cancelled the notification dated 29-1-1997 and issued fresh notification dated 15-2-1997. She went to the office of the second respondent on 24-2-1997 to submit her application. The application was not received on the ground that women candidates among open category cannot be appointed. Hence, she filed this writ petition.

(3.) Learned counsel for the petitioner, Sri R. Kameswara Rao, contends that as per condition No.8 of the notification, women candidates are eligible for being appointed as fair price shop dealers and that preference is only to be given to PHCs and no reservation for PHC women can be provided. Therefore, the action of the respondents in refusing the petitioner's application is improper and illegal. He also submits that preference sought to be given is irrational and arbitrary.