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2025 Supreme(Telangana) 2132

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.MADHAVI DEVI, J.
Adepu Shiva Prasad – Appellant
Versus
The State of Telangana and Others – Respondents
Writ Petition No. 4065 of 2025, Writ Petition Nos. 24978, 25400, 27396, 27794, 27902 of 2024
Decided On : 09-12-2025

Advocates:
Advocate Appeared:
For the Appellant : M Roopender
For the Respondent:The Advocate General

The failure to conduct a fair and transparent selection process for Fair Price Shop Dealers, deviating from established guidelines, constitutes sufficient grounds for annulment of said selections.

Headnote:(A) G.O.Ms.No.20, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dt. 06.09.2018 - Telangana State Public Distribution System (Control) Order, 2016 - Lack of transparency and adherence to procedure in selection of Fair Price Shop Dealers challenged - Petitioners contended that selection was arbitrary and not conducted per the prescribed guidelines. (Para 1, 6, 10, 17)

(B) The court found the examination conducted based on unprescribed subjects without transparency, leading to claims of bias and violation of principles of natural justice. The selection process failed to adhere to statutory guidelines for educational qualifications and examination protocols. (Paras 10, 17)

Facts of the case:
The petitioners challenged the selection process for Fair Price Shop Dealers in Rajanna Sircilla District claiming that it lacked transparency and was marred by political influence and arbitrary conduct by the 4th respondent. Their participation in the process subsequently led to these Writ Petitions. (Paras 2, 3, 4)

Findings of Court:
The selection process conducted for Fair Price Shop Dealers was found to be flawed, violating procedural requirements stated in G.O.Ms.No.20 and formulated without a fair or uniform approach. The examination did not follow the prescribed syllabus and lacked requisite confidentiality. (Paras 10, 20)

Issues: The court addressed whether the selection process followed the guidelines established in G.O.Ms.No.20 and if the alleged selection irregularities justified legal intervention. (Paras 10, 13)

Ratio Decidendi: The court determined that the failure to follow established procedures under G.O.Ms.No.20, deviation from prescribed examination formats, and lack of transparency lead to a breach of fairness and justified intervention by annulment of the selection. (Paras 20, 60)

Result: The selections made pursuant to Notification No.F/737/2024 were set aside; the methodology required a re-conduct of examinations in adherence to the prescribed guidelines. (Para 21)

Table of Content
1. writ petitions filed regarding selection process. (Para 1 , 2 , 3 , 4 , 5)
2. arguments challenging the selection process. (Para 6 , 7)
3. defense of selection process by state counsel. (Para 8)
4. court's analysis on adherence to guidelines. (Para 10 , 12 , 13)
5. assessment of compliance with legal standards. (Para 14 , 15)
6. final order to re-conduct examination. (Para 19 , 31)

ORDER :

1. In W.P.No.4065 of 2025, the petitioner is seeking a Writ of Mandamus calling for records from the 4th respondent with regard to the selection process and appointment of respondents 5 to 56 as Fair Price Shop Dealers of Sircilla Mandal vide selection list dt.23.09.2024 at 9.45 PM issued by the 4th respondent pursuant to the Notification No.F/737/2024 and to declare the same as illegal, arbitrary, malafide on account of lack of transparency, as biased and ultra vires of G.O.Ms.No.20, Consumer Affairs, Food and Civil Supplies (CS.I-CCS) Department, dt.06.09.2018 and also the provisions of the Telangana Sate Public Distribution System (Control) Order, 2016 and as unconstitutional and consequently to set aside the same and to further direct respondents 1 to 3 to conduct the entire process afresh strictly in accordance with G.O.Ms.No.20 dt.06.09.2018 pursuant to the Notification No.F/737/2024 dt.29.08.2024 and to pass such other order or orders.

2. Brief facts leading to the filing of W.P.No.4065 of 2025 are that the 4th respondent has issued Notification No.F/737/2024 on 29.08.2024 calling for eligible candidates to be appointed as Fair Price Shop Dealers. The eligibility criteria and the procedure for selection/examination were provided in the Notification itself. The petitioner claims to have applied for Serial No.24 Fair Price Shop of Sircilla, Rajanna Sircilla District i.e., Fair Price Shop No.3908035. The examination was conducted for 80 marks with General Knowledge and Arithmetic questions and the candidates who secured 32 marks out of 80 marks were to be called for viva voce in the ratio of 1:5 for 20 marks. It is submitted that the result of the written examination was not declared and the petitioner came to know through some source that some people were called for interviews on 20.09.2024, 21.09.2024 and 23.09.2024 without declaring the results of the written test and the list of selected candidates was released on 23.09.2024 at about 9.45 PM. Therefore, according to the petitioner, the official respondents have not followed the prescribed procedure and have called the candidates of their choice for interview over Mobile/WhatsApp in a haphazard manner and even the ratio of calling for interview, i.e., 5 candidates for every dealership was not followed and that the people who were picked and chosen were on account of their political allegiance at the helm of affairs were called for interview and were selected and therefore, the selection process was not transparent and as per the procedure prescribed under G.O.Ms.No.20 dt.06.09.2018. Further, alleging that several malpractices have taken place in the selection process, W.P.No.4065 of 2025 has been filed.

3. W.P.No.27902 of 2024 has been filed challenging the selection and appointment of respondents 5 to 8 as Fair Price Shop Dealers of Sircilla, Pedduru, Mustipalli and Chinna Bonala with respect to four Fair Price Shops No.3908035, 3908049, 3908046 and 3908047 respectively as illegal and arbitrary and to set aside the same and also seeking a direction to the official respondents to conduct the entire process afresh strictly in accordance with the procedure prescribed in Telangana State Public Distribution System (Control) Order 2016 with regard to the selection and appointment of fair price shop dealers pursuant to the Notification No.F/737/2024 dt.29.08.2024 issued by the 4th respondent.

4. W.P.No.27794 of 2024 also has been filed challenging the selection and appointment of respondents 5 to 8 as Fair Price Shop Dealers of Sircilla, Pedduru, Mustipalli and Chinna Bonala with r

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