- (1.) This Court in Writ Petition No. 13319 of 2014 (Surendra Kumar Vs. State of U.P. and others) decided on 27.07.2015 gave certain directions to the authorities with regard to filling up existing vacancies of Fair Price Shop, namely: "Since the Government Orders are not being followed, we direct the authorities in the instant case to follow the following directions and fill the existing vacancies within three months:- (1) As per the Government Order dated 17.8.2002 and modified by Government Order dated 10.8.2007, all the shops in the district are required to be calculated. (2) After calculation, 50% of the shops are required to be reserved. (3) For reservation, all the shops in the district, whether vacant or not vacant have to be identified in the manner as specified under Section 11-A(2) and (4), 12(5) of the U.P. Panchayat Raj Act read with Rules 3 and 4 of the U.P. Panchayat Raj (Reservation and Allotment of Seats and Offices) Rules, 1994. The authorities are required to apply horizontal and vertical reservation. (4) Once all the shops are identified, action to fill up the shops would be taken only on the vacant shops. Shops which are not vacant will not be touched and steps to fill up such shops would be taken as and when a vacancy arises. (5) Vacant shops will be filled up from that category identified for such purpose. For example, if the shop has been identified for Scheduled Caste Category, the allotment will be done to a person belonging to a Scheduled Caste Category. If the shop is identified for an unreserved category, any person of any category, whether unreserved or reserved could apply. If a shop is identified for an OBC Category, but is not vacant and the allottee running the shop is Scheduled Caste or of an unreserved category, no action will be taken and, as and when the shop becomes vacant, steps to fill up the shop from an OBC person will take place. We also find that the position is the same in other districts of this State. In order to bring uniformity, the exercise to identify the shops has to be taken as a one time measure. We accordingly direct the Chief Secretary and Principal Secretary Food and Civil Supply Department, Government of U.P. to issue a Government Order directing all the District Magistrate and/or the District Supply Officer to follow the directions as given above while implementing the Government Order dated 17.8.2002 and 10.8.2007. Necessary directions be given to all the District Magistrate and/or the District Supply Officer in the State of U.P. within two weeks from the date of the receipt of a certified copy of this order. The District Magistrate or District Supply Officer will thereafter implement the Government Order dated 17.8.2002 and 10.8.2007 in the manner stated aforesaid within three months thereafter. The Registrar General is directed to send certified copies of this order to the Chief Secretary and Principal Secretary, Food and Civil Supply Department, Government of U.P. within 10 days from today. Sri Suresh Singh, the learned Additional Chief Standing Counsel will also intimate the Chief Secretary and Principal Secretary, Food and Supply Department about this order within 10 days from today."
(2.) The petitioner in the instant case has prayed for a writ of mandamus commanding the respondents to make allotment of Fair Price Shop.
(3.) We dispose of the writ petition directing the competent authority to do the exercise in terms of the directions given above in Writ Petition No. 13319 of 2014.;