Candidates applying for government allotments must strictly adhere to the eligibility criteria and submission guidelines specified in the public notice; failure to upload mandatory documents due to negligence does not entitle the candidate to judicial relief.

Whether approved for reporting?

Jyotsna Rewal Dua, Judge

A fair price shop was allotted by the Department of Food, Civil Supplies & Consumer Affairs, Government of Himachal Pradesh in favour of respondent No.4. Petitioner assails this allotment and seeks allotment of shop for himself.¹Whether reporters of print and electronic media may be allowed to see the order? Yes.

2. Heard learned counsel for the parties and considered the case file.

3. The Case

3(i). A public notice (Annexure P-4) was issued by the respondent department on 31.01.2024 inviting applications through online mode for allotment of fair price shop at several locations including Chatrokhari (Ward No.5), Municipal Council, Sundernagar,t District Mandi, H.P. The said public notice was very categoric that minimum educational qualification required for applying for allotment of fair price shop was matriculation; The applicant should upload his matriculation certificate alongwith application; Applicatiohn could be uploaded only till 23.02.2024; Neither the application nor any document would be accepted after 23.02.2024 and further that neither any application nor any document would be accepted ofÒine/ by hand in the ofÏce.

3(ii). Procedure for selection while mandating requirement of minimum qualification of matriculation has been stipulated under notification dated 31.03.2021 (Annexure R-2), relevant portion of which is as under:-

“6. The PDC shall maintain the record of allotment of FPS. The individual FPS Holder should have minimum qualification of matriculation from a recognized Board/University. In case of individual applicants, the procedure of selection will be as under:-

1. Matriculation 5 marks

2. Higher Education 2 marks (+2 or above)

3. Same ward 3 marks

4. SC/ST/OBC/BPL 3 marks (if the applicant falls within more than one category only 3 marks will be given)

In case of tie, preference will b e given to the applicant having higher percfentage in the examination of matriculation. Ifo there is still a tie, then preference will be given to the applicant having higher age. Person applying for FPS must be of age of 18-45 years. FPS holdert will retire at an age of 65 years…..” r

4. Petitioner and respondent No.4, both applied for the above referred fair price shop. Respondents No. 1 to 3 convened meeting for selecting the candidate for allotment of fair price shop on 15.07.2024. On the basis of documents uploaded by respondent No.4 alongwith her application, she was awarded 05 marks for matriculation, 02 marks for higher education and 03 marks for belonging to same ward or in other words, total 10 marks were scored by her. Petitioner, on the other hand, was though given 03 marks for belonging to same ward and his total tally of marks were reflected as 03 marks, however, he having not uploaded his matriculation examination certificate which was the minimum qualification required for allotment of the shop, was held to be ineligible and accordingly, not even awarded any marks under this heading. The fair price shop was allotted to respondent No.4 on 29.07.2024.

Petitioner, who belongs to same ward where the shop is located, represented on 07.10.2024 (AnnexHure P-2) as to why he was not allotted the fair price shop and also questioned the eligibility of respondent No.4 qua allotment of shop. Pertinently, learned counsel for the petitioner has fairly submitted that petitioner in tthis writ petition does not question the eligibility of respondent No.4 for the allotment of fair price shop in question.

5. According to learned counsel for the petitioner, while applying for fair price shop, the petitioner had mentionedh in his application (Annexure R-1) of his being matriculate; Therefore, respondent should have called for the matriculation certificate from the petitioner as it was becaus