N SRIKANTH KUMAR Vs. GOVERMENT OF A P

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner herein files this writ petition, inter alia, seeking writ of mandamus directing the respondents to appoint him as a Fair Price Shop Dealer of Haveli Ghanpur (H. Ghanpur vg.) in pursuance of the selection made in response to the notification, dated 17.11.1999, and to declare the Condition No. 10.2 of the G.O. Ms. No. 198, Food, Civil Supplies and Consumer Affairs (CS-IV) Department, dated 5.2.1996 as illegal and void.

(3.) The case of the petitioner, in brief, is that in response to the notification, dated 17.11.1999, the petitioner has applied for the Fair Price Shop dealership. He claims that he is a permanent resident of Haveli Ghanpur Village, Medak District, and after the completion of Intermediate, he registered his name in the Employment Exchange in the year 1995 and later, he has completed Graduation in B.A., which is entered in the said exchange. While so, from the news item, dated 23.11.1999, published in 'Eenadu' Telugu Daily Newspaper, the petitioner came to know about the said notification calling for applications for filling the vacancies of the Fair Price Shop dealers and accordingly, he submitted the duly filled application on 27.11.1999. After conducting the interview on 3.12.1999, the petitioner was selected and his name was included in the provisional selection list, which was displayed on the notice board of the Office of the Revenue Divisional Officer, Medak, on 7.12.1999. However, subsequently, basing upon the antecedent report received from the Mandal Revenue Officer, Medak, the said selection was cancelled, inter alia, on the ground that the petitioner is son of a Government employee. It is the case of the petitioner that his father is a teacher working in Panchayath Raj Department and therefore, he cannot be termed in any way as a Government employee. Even otherwise, it is averred that the said department is having no connection whatsoever with Civil Supplies Department directly or indirectly, and as such, it cannot be a ground for rejection. It is further averred that by invoking Condition No. 10.2 in the aforesaid G.O. Ms. No. 198, Food, Civil Supplies and Consumer Affairs (CS-IV) Department, dated 5.2.1996, the petitioner's legitimate right for employment and living as guaranteed to him under Articles 14 and 21 of the Constitution of India are violated and therefore, the proceedings of the Revenue Divisional Officer, Medak, dated 31.1.2000, is liable to be set aside. Hence the writ petition.