Compassionate appointment cannot be denied to a daughter solely based on marital status. If she meets residency and dependency criteria, she must be considered for the position, as excluding a married daughter from the definition of family violates constitutional principles of equality and non-discrimination.

JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard Shri Daya Shankar Yadav, learned counsel for the petitioner and Shri Badrish Kumar Tripathi, learned Additional Chief Standing Counsel for the State-respondents and perused the record.

2. Present petition has been filed, inter-alia, for the following relief :

"1) to issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 21.01.2026 passed by opposite party no. 4, as contained Annexure No. 1 to the writ petition.

(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 4 to appoint the petitioner under compassionate ground, as Fair Price Shop dealer in Village Panchayat Chalakpur Kurmiyan, Block-Baba Belkharnath Dham, Tehsil-Raniganj, District-Pratapgarh."

3. Learned counsel for the petitioner submitted that the petitioner’s father, Raj Bahadur Patel, was allotted a fair price shop dealership in Gram Panchayat Chalakpur Kurmiyan, Block Baba Belkharnath Dham, Tehsil Raniganj, District Pratapgarh, who died on 02.11.2025, whereafter the petitioner, being his daughter and dependent, submitted an application dated 30.12.2025 seeking allotment of the said fair price shop dealership on the ground that she continued to reside with her father even after marriage and thus is a local resident fulfilling the requisite eligibility conditions, however, the said application was rejected by the Sub-Divisional Magistrate, Raniganj, Pratapgarh, vide order dated 21.01.2026.

4. It is further submitted that upon bare perusal of the impugned order, it is evident that the petitioner’s application for appointment as fair price shop dealer on compassionate grounds has been rejected solely on the ground that she is a married daughter of the deceased allottee, Raj Bahadur Patel. It is submitted that the petitioner, being a dependent of the deceased, cannot be denied such appointment merely on the basis of her marital status, as the same is arbitrary, unreasonable, and violative of Article 14 of the Constitution of India. Learned counsel has further placed reliance upon the judgment of the Hon’ble Supreme Court in Kulsum Nisha v. State of U.P. , 2026 SCC OnLine SC 1059, wherein it has been held that a married daughter cannot be excluded from consideration for appointment on compassionate grounds as a fair price shop dealer solely on the ground of her marriage.

5. It is next submitted that as per Clause 2(p) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (hereinafter referred to as the “Control Order, 2016”), the definition of “family” includes the adult children of the deceased fair price shop dealer, and the term “adult children” encompasses both sons and daughters, whether married or unmarried, and therefore the petitioner, being an eligible dependent within the meaning of the said provision, is entitled to be considered for compassionate appointment, and hence the impugned order deserves to be quashed.

6. Learned Additional Chief Standing Counsel (ACSC) vehemently opposed the aforesaid prayer and submitted that even though the petitioner, being a married daughter, may be eligible to apply for appointment as fair price shop dealer after the death of her father, she is still required to satisfy other necessary conditions such as local residence, dependency on the deceased fair price shop dealer, no objection from other adult family members, and prescribed educational qualifications. It is further submitted that against the non-issuance of licence for running the fair price shop, the p