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2010 Supreme(All) 1625

SUNIL AMBWANI, KASHI NATH PANDEY
MUNEEM AHMAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Suresh Chandra Verma for the Petitioner; S.C. for the Respondents.

JUDGMENT

By the Court.—Heard Shri Suresh Chandra Verma, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents.

2. By this writ petition, the petitioner has challenged the reservation for blind persons to run Fair Price Shops under the Public distribution Scheme vide Government orders dated 17.8.2002, as clarified by Government order dated 12.8.2008 issued under the U.P. Scheduled Commodities (Distribution) Order 2004. He has also challenged the Government Order dated 12.8.2008 in so far it provides for reserving the Gaon Sabhas filling up the backlog for such disabled persons on priority by giving first preference to blind persons, and to select a person from the block, if no blind person of the village applies for allotment. The challenge is made on the ground that a blind person cannot run the Fair Price Shop. The petitioner has relied upon definition of ‘Agent’ and ‘Person’ in the Control Order and 3 & 4, and clause 26, which prohibits the transfer of the agency or appointment of sub-agent. Clause-2 (c), clause (q), 3, 4 and clause 26 of the Control Order 2004 are quoted as below :

“2(c) “Agent” means a person or a cooperative society or a




























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