Common order disposing of five writ petitions challenging a notification for Fair Price Shop dealer vacancies. The court directed respondents to follow reservation rules.
Respondents directed to follow reservation rules as provided in G.O.Ms.No.52, dated 18.12.2008, and fill up vacancies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION Nos. 26868, 26896, 26920, 26922 and 27507 of 2009
DATED 4th December, 2014.
BETWEEN
C. Ramana …Petitioner in WP.No. 26868 of 2009
V.Siva Sankarappa ….Petitioner in WP.No. 26896 of 2009 C.Ramakrishna ….Petitioner in WP.No.26820 of 2009
C.Lalithamma
…Petitioner in WP.No. 26922 of 2009
K.Lakshminarayana Reddy
….Petitioner in WP.No. 27507 of 2009
And
The District Collector, Ananthapur District, Ananthapur and ors.
…Respondents in all WPs.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION Nos. 26868, 26896, 26920, 26922 and 27507 of 2009
COMMON ORDER:
Heard learned Counsel for the petitioners in all the Writ Petitions and learned Government Pleader for the respondents.
In these Writ Petitions, the notification in RC.No.2004/2009/C, dated 01.12.2009 issued for filling up of
vacancies of Fair Price Shop dealers is challenged on the ground that the said notification was issued without following the rule of reservation as provided in G.O.Ms.No.52, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 18.12.2008.
A counter affidavit is filed by the respondents stating that as per G.O.Ms.No.52, dated 18.12.2009 the shortfall of percentage of reservation under reserved categories is to be observed and accordingly the vacancies have been notified in reserved categories and also in general. The details of vacant position as stated in the said GO were read as follows:
| Total No. of F.P.Shops |
SC (15%) |
ST (6%) |
PHC (3%) |
BC (25%) |
Overall Women (30%) |
|
|---|---|---|---|---|---|---|
| F.P. Shops reservation to be observed as per G.O.Ms.No. 52, dt.18.12.2008 |
987 | 150 | 58 | 30 | 251 | 297 |
| F.P.Shops existing |
87 | 23 | 13 | 202 | 199 | |
| Shortfall in reservation |
63 | 35 | 17 | 49 | 98 | |
| Notified in reserved categories |
32 | 22 | 13 | 20 | 49 |
It is stated that in view of the above position, the percentage of reservation has been followed and there is no violation as alleged by the petitioners.
The learned Counsel for the petitioners after going through the above contents fairly submitted that if the rule of reservation is followed as provided under G.O.Ms.No.52, dated 18.12.2008, the petitioners have no grievance.
In the circumstances, these Writ Petitions are disposed of directing the respondents to follow the rule of reservation and maintain the same as provided in G.O.Ms.No.52, dated 18.12.2008 and fill-up the vacancies.
The Writ Petitions are accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petitions shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO
DATED 4th December, 2014. Msnrx
C. Ramana
Siva Sankarappa
C. Ramakrishna
C. Lalithamma
K. Lakshminarayana Reddy
The District Collector, Ananthapur District
A. RAMALINGESWARA RAO
As recorded by the court registry
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