D SAMBAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Questioning the notification issued by the second respondent - Revenue Divisional Officer, Warangal, in his proceedings No. G/2842/98, dated 7-1-1999 cancelling the earlier notification No. G/2842/98, dated 14-8-1998, to fill up 35 vacancies of Fair Price Shop Dealership in Warangal Division, as per the guidelines issued under G.O.Ms.No. 99, Food & Consumer Affairs (C.S.) Branch dated 22-10-1998 whereby the residents of Warangal Division, who fulfill the prescribed conditions were asked to submit their applications for the said vacancies in the prescribed form on or before 5-00 p.m. on 28th January, 1999 according to which the Shop No. 127 of Gopalpuram, of the petitioner, was reserved for woman candidate, the petitioner who was holding temporary dealership of the said shop, filed the present writ petition praying to declare the action of the respondents in reserving the said shop in favour of woman candidate, as illegal, arbitrary, discriminatory and unconstitutional and consequently to direct the respondents to consider the case of the petitioner for appointment as dealer of the said shop.

(2.) The facts leading to the filing of this writ petition are that late D. Swamy, who was father of the petitioner, was appointed as Fair Price Shop dealer for Shop No. 127 Gopalpuram of Hanmakonda Mandal, about 15 years back and the said D. Swamy died in the year 1998. After his death, the petitioner, who was son of the said D. Swamy, submitted an application to the respondents 2 and 3 to appoint him as the temporary dealer till permanent arrangement is made. On the recommendations of the Dy. Tahsildar, Civil Supplies, Hanmakonda, the Mandal Revenue Officer, Hanmakonda appointed him as the Fair Price Shop Dealer for the said Shop No. 127 of Gopalpuram as per his orders dated 31-10-1998 for a period of three months and the same was being renewed from time to time and as on the date of filing of the writ petition, he is continuing as dealer of said shop. He further submits that the Revenue Divisional Officer, Warangal, has issued notification No. G/2842/98, dated 7-1-1999 proposing to select and appoint Fair Price Shop Dealer to the various shops in the Revenue Division including the Shop No. 127 of Gopalpuram village. He further submits that in the Revenue Division as many as 35 shops were notified and the shops were reserved in favour of either scheduled tribes, women or physically handicapped and Shop No. 127 Gopalpuram village was allocated to be filled by a woman candidate and that not even a single shop was left unreserved. The petitioner further contends that the reservation of entire 35 shops without leaving a single shop unreserved is contrary to law and such wholesale reservation is opposed to the very concept of equality and the law declared by the Supreme Court and this Court from time to time. He further submits that on account of the reservation of the shops in general and the Shop No. 127, Gopalpuram, in particular, the petitioner is disentitled from applying for appointment of the Fair Price Shop Dealership. Therefore, he filed the present writ petition assailing the correctness of the reservation of all the 35 vacancies of Fair Price Shop Dealership in Warangal Division as illegal, unconstitutional and discriminatory.

(3.) In reply to the above averments made by the petitioner, the Revenue Divisional Officer, who is the second respondent in the writ petition, filed counter-affidavit, stating that the notification was issued for filling up of 35 Fair Price Shop Dealership vacancies in accordance with the Rules framed under the Act. When the notification was issued on 14-8-1999 to fill up the vacancies, the said notification was set aside by the Honourable High Court and the Government has issued G.O.Ms.No. 99, dated 22-10-1998 which was issued in accordance with the directions issued by this Court in Writ Petition No. 6729 of 1992 and Batch dated 28-11-1998. Therefore, in consonance of the said guidelines, reservation was made at the following rates: <FRM>JUDGEMENT_111_ALT2_2000Html1.htm</FRM> The respondent has given the data of total 595 dealership vacancies in the Warangal Division as under: <FRM>JUDGEMENT_111_ALT2_2000Html2.htm</FRM>