2. This writ petition was filed challenging the proceedings of the 5th respondent dated 12.06.2010 as contrary to the G.O.Ms.No.52 dated 18.12.2008. The case of the petitioners is that they were appointed as Nominated Retailers, including Hawker and License was issued under the provisions of Andhra Pradesh Petroleum Products (Licensing and Regulation (of Supplies) Order, 1980 and A.P. State Public Distribution System (Control) Order, 2008. When respondents 1 to 5 were directed to discontinue the N.R. system in the year 2005, the Federation of the A.P. Kerosene Retail Sellers approached this Court and filed WP No.13804 of 2005. The said writ petition was disposed of on the undertaking given by the respondents therein that whenever a vacancy of fair price shop dealer arose, such vacancy shall be filled in by converting the retail kerosene shop dealer functioning in that area as a fair price shop dealer, if otherwise eligible. In pursuance of the orders of this Court, the Government issued G.O.Ms.No.52, CAF & CSI Department dated 18.12.2008 giving guidelines for appointment of fair price shop dealers under AP SPDS (Control) orders 2008. As per the guideline No.9(iv), preference shall be given to the Hawkers/N.R. having license under the A.P.P.P. (L.Rs.) Rules 1980 for selection and appointment as fair price shop dealer, while filling up the existing or new F.P. shop vacancy, subject to fulfilling the other qualifications. The 5th respondent issued proceedings dated 28.05.2010 calling the applications from the eligible candidates for filling up the vacancies. But in the said notification, the preference was not indicated. However, the petitioners applied as candidates while filling up of the vacancies and it is their grievance that ignoring their candidatures, appointments were made.
