(1.) This appeal emanates from an order dtd. 5/3/2025 passed by the High Court of Judicature at Allahabad, Lucknow Bench (hereinafter referred to as "the High Court") by which the claim of the appellant, who is a married daughter of the deceased dealer, for appointment as a fair price shop dealer on compassionate ground, has been rejected.
(2.) On 27/10/2012, a fair price shop located at village panchayat Aariyawan, Development Block and Tehsil Tiloi, District Amethi, was allotted to Smt. Badrun Nisha who was the mother of the appellant.
(3.) In exercise of the powers under Sec. 3 of the Essential Commodities Act, 1955 ('1955 Act'), the UP Government through Notification dtd. 10/8/2016 notified the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 ('2016 Order'). Clause 7(2)(i) of the 2016 Order refers to a 'person appointed' to run a fair price shop and does not prescribe any eligibility criteria of marital status. The power to identify dependents is delegated to the State Government. The State of Uttar Pradesh issued G.O. No. 6 of 2019 on 5/8/2019 ('G.O.') governing the 'identification, reservation, and appointment of fair price shops in rural areas. Paragraph V of G.O. describes the procedure for appointment of fair price shop under the dependent quota, after the death of the dealer. Paragraph IV of G.O. prescribes the essential qualifications and conditions for selection in rural areas. Sub- Paragraph 10 of Paragraph IV, defines the expression 'family' which excludes 'married daughter'.