1. This writ petition is instituted challenging the validity of the orders passed on 17.09.2010 by the Revenue Divisional Officer, Utnoor and orders dated 10.12.2010 of the Joint Collector, Adilabad and the orders dated 20.01.2012 of the District Collector, Adilabad.

2. By his proceedings dated 17.09.2010, the Revenue Divisional Officer, Utnoor, declared the writ petitioner as not eligible for running a fair-price shop as her husband was found to be working as a teacher of a government school. The case of the writ petitioner is that, she is a member belonging to Scheduled Tribes and pursuant to regular selection carried out, she was appointed as a fair-price shop dealer of Utnoor Village and Mandal of Adilabad District by the Revenue Divisional Officer, Utnoor on 05.08.2005 and eversince then, she has been distributing the various essential commodities and civil supplies through the fair-price shop without giving any scope for complaints against her. While so, the Revenue Divisional Officer has entertained a representation of some of the villagers on 12.05.2010 during the Prajapadham programme held at the Gram Panchayat where it is alleged that, the writ petitioner being the wife of a Government Employee, is not eligible to run a fair-price shop.

3. The Tahsildar, Utnoor, was asked to conduct an enquiry and submit his report and accordingly, a report was submitted by the Tahsildar on 02.06.2010 stating that the husband of the writ petitioner is working as a Teacher in the Zilla Parishad High School at Utnoor and in view of the said finding, a show-cause notice was issued on 29.07.2010 as to why the petitioner could not be declared as ineligible to be appointed as a fair-price shop dealer and after considering the explanation of the writ petitioner, the Revenue Divisional Officer passed orders on 17.09.2010 declaring the petitioner as ineligible and the authorization issued earlier in her favour for managing the fair-price shop has been cancelled. Against these orders of the Revenue Divisional Officer, the writ petitioner carried the matter in appeal before the Joint Collector. The Joint Collector / Collector (Civil Supplies), Adilabad, through his orders dated 10.12.2010 rejected the appeal as the husband of the writ petitioner was a Government Employee and he was appointed as such even prior to the appointment of the writ petitioner as a fair-price dealer. The petitioner carried the matter by way of revision to the District Collector, Adilabad who, by his proceedings dated 20.01.2012, while dismissing the revision, affirmed the orders passed by the Joint Collector as well as the Revenue Divisional Officer.

4. Heard Sri K.V. Raghuveer, learned counsel for the writ petitioner and the learned Government Pleader for Civil Supplies.

5. The undisputed fact situation is that, the Revenue Divisional Officer issued a notification on 16.07.2005 proposing to appoint a fair-price shop dealer at Utnoor. Interviews were conducted on 05.08.2005 at 11.00 AM. Of them, the writ petitioner has been picked up for appointment as a dealer and she was continuing thereafter as a dealer of the fair-price shop at Utnoor and was found distributing faithfully the essential commodities. The Revenue Divisional Officer has placed reliance upon the guidelines issued by the State Government through their G.O.Ms.No.52 Consumer Affairs, Food and Civil Supplies (CS-1) Department dated 18.12.2008 and had come to the conclusion that the writ petitioner is not eligible to be appointed as a fair-price shop dealer on the ground that her husband was a government employee. It is hardly in doubt that, the guidelines furnished by the State Government through their G.O.Ms.No.52 dated 18.12.2008 will only have prospective effect and consequently the question as to whether the writ petitioner was eligible to be appointed as a fair-price shop dealer as on 05.08.2005 has got to be tested with reference to the terms and conditions or instructions of the State Govern