PRADEEP Kant, Shabihul Hasnain, JJ. - (1.) Heard learned counsel for the parties. With the consent of parties counsel the petition is being disposed of finally. The petitioner's argument is that the Sub Divisional Magistrate has reserved all the vacancies of the fair price shop in the district for reserved category allegedly in the pursuance of the Government Order dated 17th August 2002 whereas every vacancy can not be treated as a backlog vacancy for the purpose of reservation. The reservation with respect to fair price shop is governed by Government Order dated 17th August 2002. The criteria and the manner in which the reservation is to be made is also provided therein. If a fair price shop falls in the reserved category, namely, while determining the constituency for the purpose of election of Gram Pradhan, if the area falls within the reserved category then the shop will be allotted to the reserved category and the vacancies arising thereof would be filled by the reserved category candidates in accordance with the Government Order dated 17th August 2002 but in case the fair price shop falls within the general constituency for Gram Pradhan then a vacancy of such a shop can not be treated to be a vacancy for reserved category. It has also to be taken note of that sometimes it so happens that from a general constituency a Pradhan belonging to a reserved category, is elected as there is no bar for any person to contest, even though he may be a member of reserved category, namely, sechudled caste and scheduled tribe and other backward class, but merely because the Pradhan belongs to a particular reserved category the shop in question or the vacancy therein can not be treated to be a vacancy belonging to reserved category. In terms of clause 4 of the aforesaid Government Order the reservation of the fair price shop has to be done strictly in accordance with the procedure prescribed therein. Considering the grievance of the petitioner that all the fair price shops, where the vacancies exists are being treated to be under reserved category and the S. D. M. is intending to fill up, all such vacancies by reserved category candidates, we, dispose of the writ petition with the direction that the S. D. M. shall reconsider and reassign the reserved category vacancies and the fair price shop strictly in accordance with aforesaid Government Order and the observations made above before making any allotment. Since the fair price shops are in the interest of the consumers, we, further direct that this shall be done within a maximum period of 4 weeks from the date of receipt of certified copy of this order. .;