Ran Vijai Singh, J. - (1.) Heard Sri Subhash Chandra Yadav, learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri A.K. Rai holding brief of Sri Ashish Kumar Srivastava learned counsel for the gaon sabha.
(2.) Through this writ petition, prayer has been made to issue a writ of certiorari quashing the order dated 5.9.2016 by which the Sub-Divisional Officer Sirsaganj has rejected the claim of the petitioner for appointment as fair price shop agent on compassionate ground on the basis of the report submitted by the village pradhan that the petitioner's husband, who was the fair price shop agent, had no good reputation. However, liberty was given to the petitioner to participate in the open meeting of the gaon sabha.
(3.) While assailing this order, learned counsel for the petitioner contended that the Government order dated 17.8.2002 is purposive and the purpose is to consider the appointment of dependent of deceased, as fair price shop agent, provided the reputation of her husband (the erstwhile fair price shop agent) had been good. In his submissions, the reputation of the husband of the petitioner was to be tested on the floor of the gaon sabha in the open meeting in view of the Government order dated 3.7.1990 read with 17.8.2002 where insistence has been given to appoint fair price shop agent in the open meeting of the gaon sabha but here the impugned order has been passed only on the basis of the report submitted by the village pradhan.;