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 Corporation of the State Government authorised to run a fair price shop under the provisions of this order;

(q) “Person” means an individual, a partnership firm, a Cooperative Society or Company incorporated under the Companies Act, 1956;

3. Setting up of fair price shop.—With a view to effecting fair distribution of Scheduled Commodities the State Government may issue directions under Section 3 of the Act to set such number of fair price shops in an area and in the manner as it deems fit.

4. Running of fair price.—(1) A fair price shop shall be run through such person and in such manner as the Collector, subject to the directions of the State Government may decide.

(2) A person appointed to run a fair price shop under sub-clause (1) shall act as the agent of the State Government.

(3) A person appointed to run a fair price shop under sub-clause (1) shall sign an agreement, as directed by the State Government regarding running of the fair price shop as per the draft appended to this order before the competent authority prior to the coming with effect of the said appointment.

26. Ban on Transfer of Agency.—No person authorized as agent by the competent officer shall appoint as sub-agent or transfer his agency to any other person by any means whatsoever and no person other than the person authorised as agent shall carry on business either as a sub-agent or as a transferee from the agent or otherwise on behalf of such agent.”

3. It is submitted that a ‘person’ defined in clause-2 (c) and clause 2 (q) may include an individual, but that such an individual, taking into account the nature of the business activity of a Fair Price Shop, cannot be a blind person.

4. It is submitted that a blind person is not competent to manage and run a shop. By the nature of his disability it will be difficult for him to maintain store, the stock of scheduled commodities, maintain accounts and to do public dealing. The multifarious activities of a fair price shop keeper, including supplies in different schemes and mid-day-meal scheme require a person running the shop to be educated with full ability of all functions of body and senses.

5. The ‘blindness’ is a class of disability, with which a person may unfortunately suffer, either from birth, or on account of any disease or accident. In all the cases of partial or total blindness, a person is handicapped to perform, a few functions in life, which a person endowed with vision may be able to perform. A blind person may be differently abled, but he may be educated before he was blinded or can learn and be educated thereafter. The modern methods of learning for blind persons allow them to read and write, maintain accounts, work on computers, and to acquire knowledge as efficiently as normal persons. There are many examples in t