Writ petition challenging notification reserving a fair price shop dealer vacancy for Backward Class category was dismissed. Court upheld reservation based on revenue division unit backlog, rejecting claim of quota exhaustion.
Writ petition dismissed; interim order vacated.
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THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION No.17453 of 2004
Dated 03-03-2006
Between:
V. Shobha.
..... PETITIONER
AND
The Sub Collector, Chittoor District, and another.
.....RESPONDENTS
THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION No.17453 of 2004
O R D E R:
The first respondent issued a notification dated 17-09-2004 for appointment of a Dealer in respect of a newly created fair price shop at Dalavai Kothapalli-II Village, Kuppam Mandal. The said vacancy was notified calling for applications from the eligible candidates belongs to Backward Class (BC) category. The petitioner who belong to OC category filed this writ petition challenging the said notification as arbitrary and illegal on the ground that the fair price shop in question ought not to have been reserved for BC category. The contention of the petitioner is that there are fifty four fair price shops in Kuppam Mandal and out of the same seven fair price shops were filled up with SC category, thirty two fair price shops were filled up with BC category and fifteen fair price shops were filled up with OC category whereas as per the reservation policy of the state government, reservation of 15% is fixed for SC category, 7% for ST category and 25% for BC category. According to the petitioner the reservation fixed for BC category has already exceeded and therefore the fair price shop in question ought to have been reserved for OC category instead of BC category. It is pleaded that if 25% reservation is followed by the respondents 1 and 2 for BC category in Kuppam Mandal, it comes to 14 fair price shops whereas the first respondent already provided 32 fair price shops to BC category which exceeds 25% reservation.
The first respondent-Sub Collector, Madanapalle, filed a counter-affidavit explaining that the vacancy of the fair price shop in
question was notified as per the guidelines issued in G.O.Ms.No.53 dated 06-10-2003 under which the Revenue Division/Circle is treated as a unit and the reservation shall be observed as under:
Scheduled Castes : 15%
Scheduled Tribes : 6%
Physically Handicapped : 3%
Backward Classes : 25%
It is further explained that there are 1185 fair price shops existing in the division and the backlog in each reserved category runs as under:
Category No. of vacancies No. of existing Backlog to be reserved dealers to be filled
Scheduled
Castes 178 118 60
Scheduled
Tribes 71 22 49
Physically
Handicapped 36 18 18
Backward classes 296 194 102
Thus it is stated that still 102 vacancies are to be filed up with BC category. Hence the notification dated 17-09-2004 was issued inviting applications from BC category.
Having heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents, I do not find any infirmity in the procedure adopted by the respondents in notifying the vacancy in question under BC category. It is a settled position that while working out the reservation, the revenue division has to be treated as a unit and as per the information furnished in the counter-affidavit, it is clear that still backlog vacancies are available in Madanapalle Revenue Division so far as BC category is concerned. Hence, the respondents cannot be found fault with in reserving the vacancy of Dealer in respect of the fair price shop in question for BC category.
Accordingly, the writ petition, which is devoid of any merit, is dismissed. The interim order dated 29-09-2004 passed by this Court in W.P.M.P.No.22883 of 2004 shall stand vacated. No costs.
(G. ROHINI, J)
Date:03-03-2006
ghn
1 issue framed by the court
Whether a vacancy for a fair price shop dealer should be filled in the Backward Class category despite the petitioner's claim that BC reservation quota has been exceeded.
V. Shobha
The Sub Collector, Chittoor District
Another
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
