- (1.) We have heard Sri Pradeep Saxena, the learned counsel for the petitioner, Sri Manish Dev Singh, the learned counsel for respondent no.3 and the learned Standing Counsel for respondent nos.1 and 2.
(2.) Since the gram panchayat failed to pass a resolution recommending any name for allotment of a fair price shop, the Sub-Divisional Magistrate issued an advertisement as per paragraph 11 of the Government Order dated 17th August, 2002 inviting applications for allotment of a fair price shop. This advertisement was issued on 7th May, 2013, which indicated that for village Kuthla the shop would be allotted to a candidate belonging to OBC (Female) category. Based on the said advertisement, the petitioner applied as she belongs to this category. The applications were processed by the Tehsil Level Committee, which found three candidates. The Committee recommended the name of respondent no.3, Suraj Pal, S/o Babu Ram and, on this basis of this recommendation, the Sub-Divisional Magistrate passed the impugned order dated 7th June, 2013 allotting the shop in favour of respondent no.3. The petitioner, being aggrieved by the aforesaid allotment of the shop in favour of respondent no.3, has filed the present writ petition.
(3.) The contention of the petitioner is, that the advertisement clearly indicated that the shop would be allotted to an OBC (Female) candidate, whereas the allotment of the shop has been made in favour of respondent no.3, who is a male candidate.;