B. SUBHASHAN REDDY, J.

( 1 ) WHETHER women-reservation can be provided in the matter of allotment of fair-price shops and if so what should be the extent of such reservation and as to whether the said reservation can be 100% - are the vital questions for consideration in this batch of writ petitions.

( 2 ) FAIR price shops have been set-up by promulgating an order titled"andhra Pradesh Scheduled Commodities (Regulation and Distribution by Card System) Order, 1973 in exercise of the powers contained under Section 3 of the Essential Commodities Act, 1955. At the inception, no reservation was stipulated, but preference was being given to the Co-operative Societies to run the fair-price shops. Class reservations grouped on caste basis were introduced in the year 1987 for Scheduled Castes and Scheduled Tribes at 15% and 6% respectively. 3% reservation was also provided to physically handicapped. Coming to 1988, there was a little change in the policy because of acute unemployment problem for education and as such, preference was being given to them by maintaining the reservations as stated above. In 1990, preference was directed to be given to women when other things and qualifications are equal. In 1991, a specific percentage i. e. 10% of the shops sanctioned after 24-7-1991 was reserved for women and in 1993, the same was amended reserving the same for educated unemployed women eligible for appointment. This is contained in Government Memo No. 15361/ CS. IV/93-1, dated 13-4-1993 by which 100% reservation is provided for women, which is assailed in this batch of writ petitions. Both the above proceedings are extracted herewith. Government Memo No. 40203/cs/iv/91, dated 21-4-1991 states "according to Government instructions now in force, preference has to be given to women candidates over men in the matter of appointment of fair price shop dealers. However, it is observed that number of shops held by women candidates is very negligible. Government, therefore, hereby order that 10% of fair price shops of newly created hereafter shall be allotted to women candidates. "the educational qualification was fixed as VII Class. A condition was put that 10% of the fair price shops to be newly opened hereinafter shall be allotted to women candidates subject to the condition that the shops thus allotted should be run personally by such women allottees. Now coming to the impugned Memo No. l5361/cs/iv/93-1, dated 13-4-1993, it reads as follows :"keeping in view the growing unemployment, orders were issued in the reference 1st and 2nd cited that all fair price shops shall be allotted only to unemployed persons, subject to reservation of 15% to Scheduled Castes, 6% to Scheduled Tribes and 3% to Physically Handicapped. Subsequently, orders were issued in the reference 3rd cited that 10% of the fair price shops to be newly created shall be allotted to women candidates only. The matter relating to allotment of fair price shops has been further examined carefully in the light of the Government of India s recent policy directives to promote the visibility of women in different administrative, economic and social sectors specially fair price shops as women arc the main providers of nutrition within the household, it has been decided that henceforth all the fair price shops vacancies shall be allotted only to women candidates. The reservations already prescribed for Scheduled Castes and Scheduled Tribes and Physically Handicapped sliall continue. In other words, out of the P. P. shops held by individuals, 15% shall be reserved for SCs, 6% for STs and 3% for Physically Handicapped, taking both men and women into account. For the purpose of computing the percentage of reservation, each circle in the cities of Hyderabad, Visakhapatnam and Vijayawada and each Revenue Division in districts, shall be taken as a Unit. Accordingly, the following amendments are hereby ordered to the instructions issued in Government Memo No. 18835/cs. II/90-1, dated 22-3-1990. (1

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