The main legal principle established in the judgment is that the State and its instrumentalities are obligated to act fairly, justly, and reasonably in accordance with Article 14 of the Constitution of India, ensuring transparency, fairness, and non-discrimination in the allocation of public resources.

Rajiv Sharma, Judge

Petitioner has assailed the allotment of fair price shop made in favour of respondent No. 4 at village Ajouli on 07.07.2012. The petitioner-Society was registered vide registration No. 208, dated 23.12.1935. The respondent No. 4 has submitted an application for allotment of a fair price shop in Village Ajouli. The application was placed before the Public Distribution Committee on 04.10.2011. The Public Distribution Committee decided to refer the matter to the State Government for relaxation. The relaxation was given in favour of the petitioner on 13.06.2012 and the same was conveyed by the Director of Food, Civil Supplies & Consumer Affairs, Himachal Pradesh to the District Food, Civil Supplies Controller, District Una, Una, H.P. on 19.06.2012. Thereafter, the fair price shop was allotted to the petitioner on 07.07.2012.

2. Mr. Ajay Sharma, learned counsel for the petitioner has vehemently argued that the allotment of fair price shop in favour of respondent No. 4 is illegal, arbitrary and, thus, violative of Article 14 of the Constitution of India. He also contended that the guidelines issued as per letter, dated 05.08.2008, have not been followed by the respondents No. 1 to 3 while allotting the fair price shop in favour of respondent No. 4.

3. Mr. Virender Verma, learned Additional Advocate General and Mr. Lalit K. Sharma, learned counsel for respondent No. 4 have supported the allotment of fair price shop made in favour of respondent No. 4.

4. I have heard the learned counsel for the parties, gone through the pleadings and the records produced by the respondent-State carefully.

5. The State Government has framed the guidelines for allotment of fair price shop on 05.08.2008. According to these guidelines, all the applications for opening of a new PDS shop are to be considered by the district level Public Distribution Committee headed by the Deputy Commissioner. Once the permission for opening of a new fair price shop has been accorded, the department is required to issue a notice, which is to be given wide publicity by way of affixation at the Panchayat Ghar/Municipal Committee Office/Nagar Parishad Office for the purpose of inviting applications. The notice is also required to be affixed in/outside the campus of a Govt. School within the area of proposed fair price shop. The same is also required to be affixed on other community buildings such as Mahila Mandal Bhawan/Yuvak Mandal Bhawan. Three weeks’ time is required to be given for submission of applications. Thereafter, the applications are required to be considered and approved by the District PDS Committee headed by the Deputy Commissioner of the concerned District. The first priority is to be given to the Cooperative Sector, within the Cooperative Sector, Cooperative Societies of Women and Ex-servicemen are to be given priority. The second priority is to be given to the Ex-servicemen/physically handicapped person/unemployed educated person with no family member in regular employment. The third priority is to be given to the H.P. State Civil Supplies Corporation. In case of relaxation beyond the norms prescribed, the matter is required to be referred to the State Government for approval alongwith the recommendations of the District Public Distribution Committee.

6. In the case in hand, there is no tangible evidence on record produced by the respondents that the decision has ever been taken to open the fair price shop in village Ajouli. The decision is required to be taken by the Public Distribution Committee to open a fair price shop and thereafter a notice was required to be issued by giving due publicity. Thereafter, the applications were to be called for within a period of three weeks. The applications received were to be considered and approved by the Public Distribution Committee headed by the Deputy Commissioner of the concerned District. The petitioner has not even disclosed the category under which he has applied, as per the records.