1. This common order shall dispose of both the writ petitions. W.P.No.1715 of 2009 is filed by Smt N.Nagamani (hereafter called, first petitioner) and Sri A.Narsimhulu (hereafter called, second petitioner) challenging the notification issued by Revenue Divisional Officer (RDO), Siddipet inviting applications for appointment of dealers for fair price shops (FPS) of Bayyaram FPS-II and Kolgoor FPS-II. It is the case of petitioners that they have been appointed as FPS dealers – Bayyaram and Kolgoor respectively and that their shops were bifurcated without notice to them and in violation of norms prescribed by Government in G.O.Ms.No.35 dated 17.09.2007. The second petitioner filed W.P.No.27032 of 2009 aggrieved by the inaction on the part of RDO in not renewing the authorization in respect of FPS, Kolgoor. He seeks a direction to RDO to renew licence.

2. The RDO filed counter affidavits separately in both the writ petitions, but the averments are almost similar. The case projected in the counter is as follows. As per the instructions of Government, exchange of old cards as well as issue of new cards through IRIS system resulting in increase of ration cards attached to each FPS. The Government issued G.O.Ms.No.35, dated 17.09.2007, for creation of new FPS by bifurcation of existing shops keeping the norm of 400 BPL cards and 50 APL cards. In case there are more number of cards in excess of the norms in a village, there can be two FPSs provided the total number of BPL cards in that village is not less than 600 and FPSs should be attached equal number of cards. Therefore, proposals are submitted by RDO to District Collector, who by proceedings dated 14.03.2008 directed bifurcation. Bayyaram FPS was divided into FPS-I and FPS-II with 307 cards each. Similarly, Kolgoor FPS was bifurcated into FPS-I and FPS-II with 318 and 317 cards respectively. After such bifurcation, a notification dated 15.01.2009 was issued inviting applications.

3. In the counter affidavit filed in W.P.No.27032 of 2009, which is filed for renewal of authorization, the RDO states that the petitioner was temporarily appointed and that as the FPS was earmarked for Scheduled Tribe candidate, renewal was not made. For ready reference, the contents of the counter are extracted as under.

It is submitted that the writ petitioner was appointed temporarily as F.P.Shop dealer of Kolgur village in the year 2001 for a period of (6) months vide Revenue Divisional Officer, Siddipet Proc.No.B/4285/2001, dated 24.11.2001, the main reason for his temporary appointment is that the Fair Price Shop Dealer of Kolgur village was reserved for ST/PHC and notification was issued in file No.B/2942/2000, dated 16-10-2001. The reservation of Fair Price Shop to ST/PHC category is to achieve the target cent per cent in favour of reserved categories as per policy of Government. But no applications received from the reserved categories in response to notification for which the steps taken to fill up the vacancy of Fair Price Shop only to avoid the inconvenience to the public under Public Distribution System and in view of it the writ petitioner herein was appointed as Fair Price Shop and same was renewed till 31-03-2007. Thereafter there is no renewed to his authorisation. But his appointment has not been regularized till to date due to which the writ petitioner is not eligible to continue as temporary dealer more over the percent of reservation is not achieved in favour of Scheduled Tribe candidates and in view of it also the writ petitioner is not eligible to continue as temporary dealer. … It is submitted that the instructions were issued by the Government in G.O.Ms.No.35, dated 17.09.2007 that in rural area each Grampanchayat should have at least one Fair Price Shop with a minimum of (400) BPL cards and (50) APL cards. In case more number of cards in excess of minimum number of cards these can be two Fair Price Shops provided that total number of BPL cards in that village should not