SHER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This intra Court Appeal assails the order dtd. 26/11/2018 whereby the learned Single Judge allowed the Writ Petition filed by respondent No. 5 and has set aside the allotment of Fair Price Shop in favour of the Whether reporters of the local papers may be allowed to see the judgment appellant, with a further direction that the same be allotted to respondent No. 5 whose merit and eligibility was statedly acknowledged by the Public Distribution Committee in its meeting held on 19/12/2016.

(2.) The facts may be noticed briefly. The official respondents invited applications for allotment of Fair Price Shop at Village Ghataasani, Gram Panchayat Kadhar, Development Block Drang, District Mandi.

(3.) The appellant as well as respondent No. 5 were amongst the applicants. The Selection Committee known as "Public Distribution Committee" held its meeting on 19 th December, 2016 and considered all the applicants. It found that the appellant and respondent No. 5, both were Matriculates but since the marks secured by the appellant allotted Fair Price Shop to in Matric were higher than respondent No. 5, hence, he be The Committee, however, took notice of the fact that the appellant had not attached the Certificate of 'availability of shop' and 'storage space' as well as self-attested copy of his Matriculation Certificate alongwith the application form. The Committee, therefore, resolved that the appellant be asked to furnish these documents by 31/12/2016, failing which the shop may be allotted to respondent No. 5 (Ghanshyam). A letter dtd. 24/12/2016 was then sent to the appellant asking him to make good the deficiencies and in response thereto, he submitted the requisite documents on 31 st December, 2016. The Fair Price Shop was accordingly allotted to him.