JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MR . S.B. Gupta, appearing for the petitioner, submits that Justice Wadhwa Committee, appointed by the Hon'ble Supreme Court, in its report has recommended that a minimum of 500 ration cards per fair price shop was necessary for ensuring the viability of fair price shops and in fact indicated that consideration of enhancement of the number of ration cards per fair price shop upto 1000 nos. may be desirable for their long term sustenance. Counsel further submits that the subject matter of the present petition is also covered by the judgment of this Court in SBCWP No. 4384/2012, Babushyam & Ramphool Gurjar Vs. State of Rajasthan & Ors., decided on 18.09.2012. In the aforesaid case, this Court held that the number of ration cards attached to fair price shops of the petitioners in the aforesaid petition be maintained at 500 nos. and until it was ensured that 500 ration cards in respect of the petitioners' fair price shops obtained, no new fair price shop be allotted in the area where the petitioners' fair price shops were operative. Counsel prays that similar order be passed in the present petition. Mr. Gupta has further submitted that the purport of the recommendation of Justice Wadhwa Committee constituted on the directions of the Hon'ble Supreme Court as also the intent of the aforementioned judgment of this Court is that a minimum 500 ration cards should be attached to each fair price shop for reasons of economic viability of fair price shops. He submits that from the view point of economic viability, the number of ration card per fair price shop by itself would not suffice and the commission payable to fair price shops' dealers in respect of distribution of different essential commodities is also a relevant factor. Counsel submits that the commission for the distribution of various essential commodities from fair price shops has been stagnant for over fifteen years. He submits that this aspect of the matter also needs to be looked in for the purpose of evaluating the economic viability of the fair price shops.

(2.) MR . K. Verma, Addl. G.C. appearing for respondents, admits to the recommendation of Justice Wadhwa Committee's report being that each fair price shop should have a minimum 500 ration cards to ensure its viability. He further admits to the fact that the order of this Court in SBCWP No. 4384/2012 decided on 18.09.2012 has not been challenged in appeal and has been implemented. Therefore, he has no objection to similar order being passed in the present petition.

(3.) CONSEQUENTLY , I would direct the petitioner to make a detailed representation in this regard to the State Government in the Department of Food and on the submission of the said representation, in the context of the necessity of fair price shops being economically viable, the State Government in the Department of Food shall decide the same within a period of ten weeks of its receipt.