Deepak Gupta, J.

These three appeal are being disposed of by a common judgment since similar issues are involved in all the three appeals.

2. To appreciate the rival contentions of the parties, it would be necessary to give the background of the policies framed by the State of Himachal Pradesh from time to time regarding the grant of permission to run fair price shops.

3. The Government of Himachal Pradesh took a decision on th January, 1985 that fair price shops under the Public Distribution System would be given to Cooperative Societies and if no Cooperative Societies were available, then to the H.P. State Civil Supplies Corporation could open retail outlets for distribution of essential commodities. This decision was modified on 25th April, 1985 and the State decided that first preference would be given to Cooperative Societies and thereafter the cases Ex-servicemen, handicapped and unemployed educated persons would be considered and lastly the H.P. State Civil Supplies Corporation would be considered for allotment of fair price shops.

4. CWP No. 1037 of 2003 was decided by a learned Single Judge of this Court on 30.04.2007 and the following directions were given:

“i) Respondents No. 1 to 4 should strictly implement Annexures P3 and P4 while

allotting fair price shops.

ii) he preferences mentioned in Annexures P3 and P4 are to be adhered to strictly to shun arbitrariness.

iii) In any eventuality, the Cooperative Societies is not available for running the fair price shop, the H.P. State Civil Supplies Corporation should be permitted to open their retail outlet for the distribution of essential commodities under the public distribution system.

iv) In case neither the Cooperative Societies nor

H.P. State Civil Supplies Corporation is available or forthcoming, in that event persons including exservicemen, handicapped or unemployed educated youth are to be considered.

v) Proper notice is to be published either in two vernacular newspapers or by any known mode of publication including the affixation of notice at the Panchayat Ghar, Municipal Council office and Nagar Panchayat office. In the advertisement, exact location of fair price shop is required to be mentioned.

vi) On the basis of the advertisement/publication, the applications from the categories mentioned in Annexures P3 and P4 are to be called, scrutinized by due date as shown in the advertisement and the suitability of the candidates is to be adjudged by the Deputy Commissioner of the concerned District.

vii) The Deputy Commissioners in the State shall maintain the record of the selection for allotment of fair price shops.

viii) The Deputy Commissioners may also evolve system of allotting marks to adjudge the suitability of the candidates and therein the preference is to be given to the most educated candidates available.”

5. An appeal against this judgment was filed being LPA No. 12 of 2007. In the said appeal, a Division Bench of this Court, of which one of us (Deepak Gupta, J.) was a member, while upholding the judgment of the learned Single Judge in CWP No. 1037 of 2003, modified the directions only to the extent that first preference would be given to Cooperative Societies for running fair price shops, second preference would be given to Exservicemen and unemployed educated youth or disabled persons and third preference was to be given to the H.P. State Civil Supplies Corporation. The other modification which the Division Bench has made was that instead of publication of notice in two vernacular newspapers, this Division Bench directed that the notices can be published by affixation of notices on the Panchayat Ghar, Municipal Committee's office and Nagar Panchayat Offices and in addition to above, the said notices may also be placed outside the Government Schools in the area as well as by way of Munadi in the area by beat of drum.

6. Consequent to the aforesaid judgment, the State of Himachal Pradesh framed a new policy on 5th August, 2008. The relevant por