- (1.) IN this batch of writ petitions, orders appointing fair price shop dealers in the two Revenue Divisions of Kurnool District, viz., Nandyal and Kurnool, are called in question. As common issues are involved in all these writ petitions, they are heard and being disposed of by this common judgment.
(2.) IN pursuance of the individual notifications issued by the Revenue Divisional Officers concerned (hereinafter referred to as "the Appointing Authorities"), the petitioners applied for appointment as fair price shop dealers. By the time of their making applications, many of the petitioners were working as fair price shop dealers on temporary basis. Some temporary dealers filed writ petitions, viz., Writ Petition No.5458 of 2010 and batch, questioning the respective individual notifications pertaining to the shops with respect to which they held temporary authorizations. The said batch was dismissed by a learned Single Judge of this Court by order dated 10.3.2010. The temporary dealers, feeling aggrieved by order dated 10.3.2010 of the learned Single Judge in Writ Petition No.5458 of 2010 and batch dismissing their writ petitions, filed Writ Appeal No.221 of 2010 and batch. The Division Bench, while affirming the reasoning of the learned Single Judge that the temporary dealers have no right to question the notifications issued for making permanent appointments, placed on record the submission of the learned Government Pleader for Civil Supplies that while replacing the temporary dealers, the appointing authorities will not indulge in pick and choose methods and that all the temporary dealers will be replaced by regular dealers. The Division Bench also made it clear that dismissal of the writ appeals should not work as an impediment for the appellants to prosecute their causes against their selections and that the order was limited to the extent of basic notification only and does not deal with any final selection. Following dismissal of the writ petitions and writ appeals referred to above, the appointing authorities went ahead with the selection process. At this juncture, it is of relevance to refer to the background leading to the initiation of appointment process. The Collector, Civil Supplies, Kurnool, issued Circular bearing No.Rc.CS.2/390/2009, dated 4.11.2009, where in she has stated that a number of posts of fair price shop dealers fell vacant and in charge arrangements are being continued without filling up those vacancies on permanent basis resulting in affecting the fair distribution of essential commodities. Accordingly, she has instructed the appointing authorities to take immediate action to fill up the posts of fair price shop dealers in their respective divisions. She has directed the appointing authorities to follow the detailed guidelines for selection and appointment of fair price shop dealers contained in the Andhra Pradesh Public Distribution System Control Order, 2001 (for short "the Control Order, 2001"). The Collector, Civil Supplies, however, referred to some "important guidelines", which are as under: "1. All permanent vacancies of a F.P. shop dealer shall be notified by the appointing authority (RDO) and invite the applications for writing examination and walk in interview along with original certificates on a specified day. 2. The question paper for the written examination will be issued by the District Administration. 3. The walk in interview is only for physical appearance of the person and his/her activities to run the F.P. Shop. No marks will be set apart separately for the interview. 4. Wide publicity of the notification shall be issued duly affixing the notification at important places. 5. No punishment or involvement of cases under EC Act or under any other criminal activity shall be to the credit of the applicant. 6.The minimum general education qualification i.e., a pass in 10th Class is required. 7.The minimum age for applying for the post shall be 18 years and the maximum is 40 years. 8.The reservations as prescribed shall be observed while making appointment. The appointing authority shall maintain the percentage of reservations prescribed by the Government at Divisional Level on overall basis of the strength of the reservations provided treating the entire Revenue Division as a Unit. 9.Preference shall be given to a resident of Revenue village or Hamlet in which the shop is located besides the preferences available to families of freedom fighters, DWCRA groups, thrift groups". (Emphasis supplied). Purporting to follow the above noted circular of the Collector, Civil Supplies, the appointing authorities issued notifications shop wise, wherein it is, inter alia, indicated that for all the applicants oral and written tests on fundamental aspects will be held and the time and date of the tests will be notified in the offices of the Tahsildars. At the hearing it has come out that more than 1600 candidates applied in pursuance of the notifications and about 1300 applicants appeared for written tests in Kurnool Division alone. No information in this regard is placed before the Court with regard to Nandyal Division. The learned Government Pleader for Civil Supplies placed before this Court Letter No.Rc.B.2715/2010, dated 8.2.2011, addressed to him by the Revenue Divisional Officer, Kurnool, wherein it is stated that in respect of the fair price shop vacancies in Kurnool Division, written examination was held on 21.3.2010; the question paper was prepared for 50 marks and 18 marks were prescribed as cut-off marks; and 50 marks were allocated for the interview. He has further stated that invigilation work and evaluation of answer sheets were done by the teachers of the recognized school viz., Montessori English Medium High School, A-Camp, Kurnool. It is not in dispute that a similar procedure was adopted by the appointing authority of the Nandyal Division as well. After completion of the selection process, appointment orders were issued to the candidates, who were selected. All the petitioners herein were unsuccessful in the selection process and have filed these writ petitions feeling aggrieved by the appointment of private respondents as fair price shop dealers.
(3.) I have heard Sri K.V.N. Bhupal, Sri K.V. Raghuveer, Smt. K. Hemalatha and Sri Koneti Raja Reddy, learned Counsel appearing for the petitioners in their respective writ petitions; the learned Government Pleader for Civil Supplies appearing for the official respondents; Ms. Naga Niyatha, Sri D.L. Pandu, and Sri P. Nagendra Reddy, learned Counsel appearing for some of the private respondents. The substantive ground of attack made by all the learned Counsel for the petitioners in common is against the procedure adopted by the appointing authorities in conducting the selection process. The learned Counsel submitted that the procedure prescribed for selection and appointment of fair price shop dealers does not envisage written test. They have referred to and relied upon G.O. Ms. No.52, dated 18.12.2008, in support of this submission. The learned Counsel also submitted that the appointing authorities failed to follow proper method in fixing reservation, leading to arbitrariness in picking and choosing the shops for reservation. The learned Counsel further submitted that even if holding of written test is held valid, allocating 50 marks for interview has led to patent arbitrariness and vitiated the process of selection.;