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2016 Supreme(All) 3594
ALLAHABAD HIGH COURT
Ritu Raj Awasthi, J.
Chandra Prakash - Appellant
Versus
State of U.P & Ors. - Respondent
Writ Petition No. - 19146 (M/S) of 2016 with WP No. 17200 (M/S) of 2016
Decided On : 17-08-2016
For the Petitioner:- Dileep Kumar Tiwari, Suresh Chandra Srivastava,Savita Tiwari
For the Respondent:- C.S.C,Azad Khan, Vinod Kumar Tiwari
The reservation for fair price shop licenses is to be applied in accordance with the specified categories and existing reservations at the block and district levels.
Headnote:
Reservation - Fair Price Shop License - The court considered the reservation for ex-servicemen to be applied horizontally at the district level and found that the authorities did not commit any infirmity or illegality in granting the benefit of such reservation for the allotment of fair price shop license for the gram panchayat concerned.
Fact of the Case:
The case involved two writ petitions related to the grant of a fair price shop license for a gram panchayat. One petition sought direction to decide the representation of the villagers and ensure the initiation of proceedings for allotment of the license, while the other challenged the proposal recommending the name of a specific individual for the license.
Finding of the Court:
The court found that the reservation for ex-servicemen is to be applied horizontally at the district level, and since the fair price shop in question could not be reserved for the Scheduled Caste category due to existing reservations, the competent authority was directed to proceed with the allotment of the fair price shop in accordance with the law.
Issues: The issues involved the reservation of fair price shop licenses for specific categories and the legality of the proposal recommending a specific individual for the license.
Ratio Decidendi: The reservation for ex-servicemen is to be applied horizontally at the district level, and the fair price shop in question could not be reserved for the Scheduled Caste category due to existing reservations.
Final Decision: The writ petitions were dismissed as they were found to be devoid of merit.
Ritu Raj Awasthi, J.
1. Mr. Vinod Kumar Tiwari, Advocate has put in appearance on behalf of opposite party no. 6 and files vakaltanama, the same is taken on record.
2. These are two writ petitions relating to the grant of license of fair price shop for gram panchayat Nandaur, Tehsil and Block Musafirkhana, District Amethi. Writ Petition No. 17200 (MS) of 2016 has been filed seeking direction to opposite parties to decide the representation of the villagers and ensure the initiation of the proceedings for allotment of license of fair price shop by adopting fresh procedure in the open meeting of gram panchayat whereas Writ Petition No. 19146 (MS) of 2016 has been filed challenging the proposal dated 12.7.2016 passed by the gram panchayat recommending the name of opposite party no. 6 for allotment of fair price shop license.
3. The Court while considering Writ Petition No. 17200 (MS) of 2016 had passed the order dated 27.7.2016 which is for convenience reproduced herebelow:
"Notice on behalf of opposite parties no.1 to 5 has been accepted by learned Chief Standing Counsel, whereas Mr. Azad Khan, Advocate has accepted notice on behalf of opposite party no.6.
The writ petition has been filed seeking direction to the authorities concerned to take action on the representation of the villagers and ensure that allotment of fair price shop at Village Nandaur, Block & Tehsil Mushafirkhana, District Amethi is allotted to a person belonging to scheduled cast.
Mr. Vinod Kumar Tiwari, Advocate has put in appearance on behalf of one Chandra Bhooshan Mishra, S/o Sri Durgadeen and has filed impleadment application along with affidavit, stating therein that proposal/recommendation has been made in favour of Chandra Bhooshan Mishra for allotment of fair price shop in question giving him the benefit of ex-service person under the backlog quota. It is also stated that final order has been passed, however, copy of same is not available with him.
Learned Standing Counsel may seek complete instructions in the matter within one week.
List thereafter, as fresh."
4. Learned counsel for petitioners submit that in the village panchayat Nandaur the seat of Gram Pradhan was reserved for Scheduled Caste, as such, the allotment of fair price shop in question is to be made giving benefit of the reservation to the Scheduled Caste category and the said allotment can be made only from the Scheduled Caste category.
5. It is submitted that horizontal reservation for giving benefit to ex-servicemen is to be applied by lottery system at the block level. In the instant case, the opposite parties have first reserved the fair price shop in question for ex-servicemen and thereafter have invited proposal from the gram panchayat and on the basis of impugned proposal are proceeding to make allotment of fair price shop license in favour of opposite party no. 6.
6. Learned standing counsel, on the basis of instructions, submits that the opposite party no. 2, District Magistrate, Amethi vide letter dated 19.5.2016 has issued directions for completing the backlog in the allotment of fair price shop license. For that purpose, the backlog at the block level has been considered and in Block Musafirkhana there exists 63 fair price shops out of which 15 fair price shops have already been reserved for Scheduled Castes/Scheduled Tribes category. As per Government Order dated 17.8.2002, 21% reservation is provided for Scheduled Castes category. Since already 15 fair price shops are allotted to SC/ST category, the fair price shop in question cannot be reserved for SC category. It is open for general category. The horizontal reservation to ex-servicemen, dependents of freedom fighters and handicapped persons, etc. is to be applied at the district level in view of the Government Order dated 11.8.2015. The authorities have marked the fair price shop in question for giving benefit of horizontal reservation to the ex-servicemen and according to the same the impugned proposal has been
