- (1.) The case of the petitioner is that on a vacancy of a fair price shop dealer for the village Chakiya Shobhmal in Tehsil Padrauna, District Kushi Nagar having occurred, the Block Development Officer vide his letter dated 17.1.2013 had directed that the proposal for filling up the said vacancy be made by the Gaon Sabha from amongst candidates belonging to female category. In pursuance thereof, a meeting of the Gaon Sabha Chakiya Shobhmal was held on 22.1.2013 in which the name of the petitioner was passed by majority in the presence of three Additional Development Officers and also signed by the Village Pradhan. Pursuant thereto, on 24.1.2013 the Block Development Officer Padrauna, District Kushi Nagar sent his recommendation to the Sub Divisional Magistrate, Padrauna mentioning therein that on 22.1.2013 the formalities for allotment of the fair price shop dealership of the village in question from amongst female candidate category had been completed and the name of the petitioner had been proposed. When no order was passed on the said recommendation of the Block Development Officer, the petitioner made a representation to the Sub Divisional Magistrate on 24.4.2013 to appoint her as a fair price shop dealer in pursuance of the recommendation made by the Gaon Sabha as well as the Block Development Officer on 22.1.2013 and 24.1.2013 respectively. Thereafter, by the impugned order dated 15.6.2013 passed by Sub Divisional Magistrate, Padrauna, District Kushi Nagar the claim of the petitioner has been rejected on the ground that the dealership was to be awarded to SC/ST candidates whereas the petitioner belongs to the OBC category. Challenging the said order, this writ petition has been filed.
(2.) We have heard Sri Anoop Kumar Singh, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record. Pleadings between the parties have been exchanged and with consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.
(3.) In paragraph 6 of the writ petition it has been categorically stated that the vacancy of the fair price shop dealership was to be filled up from amongst the female category candidate belonging to the village, as had been clearly mentioned in the order dated 17.1.2013 passed by the Block Development Officer. At the time when the writ petition was filed, the respondents were directed to obtain instructions and give a specific reply to the said paragraph 6 of the writ petition. In the counter affidavit all that has been stated with regard to the averments made in paragraph 6 of the writ petition is that the same do not require any comments.;