- (1.) Heard learned counsel for the parties.
(2.) There are conflicting claims qua the fair price shop agency of the village in question. It is the case of the petitioner that since earlier his father was the agent of the shop in question, in terms of the Government Order dated 04.10.1986 and dated 17.08.2002 he has a preferential right over all other candidates in the allotment of the agency after death of the earlier agent i.e. his father and for the purpose reference is made to Clause 10 (Jha) of the Government Order dated 17th August, 2002.
(3.) For appreciating the controversy raised on behalf of the petitioner it is worthwhile to record that under the Government Order dated 17th August, 2002 it had been provided that in the matter of settlement of fair price shop agencies of rural areas, there shall be a reservation to the extent of 21% in favour of the scheduled castes, 2% in favour of scheduled tribes and 27% in vaour of other backward classes and that there shall also be horizontal reservation in favour of female to the extent of 20%, ex-army-man and their family members, freedom fighter and lastly in favour of physically handicapped persons to the extent of 2%.;