D NEETHA Vs. JOINT COLLECTOR NIZAMABAD

JUDGEMENT

(1.) The Revenue Divisional Officer, Nizamabad, the 2nd respondent herein, issued notification, calling tor applications for appointment of Dealers to various Fair Price Shops, in Nizamabad Town. The petitioner submitted her application. The 2nd respondent appointed the petitioner as dealer, for shop No.71. The petitioner was issued authorization, by the competent authority on 12-4-1994. Respondents 5 to 10 herein, who were not selected for any Fair Price Shop, filed an appeal before the Joint Collector, Nizamabad, the 1st respondent, challenging the appointment of dealers to various Fair Price Shops. The selected candidates were not made parties in the appeal. Through his order dated 20-2-1995, the 1st respondent allowed the appeal and set aside the appointment of the petitioner as well as several other dealers. He directed the 2nd respondent to conduct a test and select the candidates for the respective shops, on merits.

(2.) Petitioner filed W.P. No.4509 of 1995 before this Court, challenging the order dated 20-2-1995, passed by the 1st respondent. The writ petition was allowed on 26-9-1995, on the sole ground that the petitioner herein was not made a party, in the appeal before the 1st respondent. The matter was remanded to the 1st respondent for fresh consideration and disposal.

(3.) In pursuance of the orders of this Court in W.P. No.4509 of 1995, the 1st respondent took up the proceedings once again. However, he treated the petitioner herein as petitioner before him, in the appeal. He rejected the case of the petitioner, through his order dated 11-3-1996, on the sole ground that she did not appear in the oral test conducted by the 2nd respondent, in pursuance of the orders dated 20-2-1995, passed by him. He took the view that the 4th respondent herein must be appointed as the Fair Price Shop Dealer. The same is challenged in this writ petition.