- 1 - NC: 2025:KHC:14110 WP No. 8219 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8219 OF 2025 (GM-PDS) BETWEEN: MR. SAGAR GOWDA B S/O LATE BOMMEGOWDA. B AGED ABOUT 28 YEARS RO CHIKKALUR VILLAGE MALLUR HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 162 …PETITIONER (BY SRI. SHANKAR H S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY IT'S SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDI, BENGALURU - 560 001 2. THE DEPUTY DIRECTOR DEPARTMENT OF FOOD AND CIVIL SUPPLIES RAMANAGARA DISTRICT RAMANAGARA-562159 …RESPONDENTS (BY SRI. SPOORTHI V.,HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASHING THE IMPUGNED ENDORSEMENT DTD 6.02.2025 PASSE DBY THE R-2 ANNX-D AND CONSEQUENTLY DIRECT THE R-2 TO CONSIDER THE CLAIM OF THE PETITIONER AS PER APPLICATION/REP DTD 21.11.2024 ANNX-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14110 WP No. 8219 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.Shankar H.S., learned counsel appearing for the petitioner and Sri. Spoorthi V., the learned High Court Government Pleader appearing for the respondents. 2. The petitioner is before this Court seeking the following prayer: "a) Issue a writ of certiorari by quashing the impugned endorsement dated 06/02/2025, vide No: ಾ/ಆಾರ/ಅನುಕಂಪ/30/2024-25 passed by the 2nd respondent (ANNEXURE-D) and consequently direct the respondent No.2 to consider the claim of the Petitioner as per Application / Representation dated: 21/11/2024 (ANNEXURE-C) in the Interest of justice and equity. b) Grant such other orders as this Hon'ble deems fit to pass under the facts and circumstances of the case, in the interest of Justice and equity." 3. The learned counsel for the petitioner would submit that the issue in the case at hand stands covered by the judgment rendered by the Co-ordinate Bench of this Court in - 3 - NC: 2025:KHC:14110 WP No. 8219 of 2025 W.P.No.16787/2024, disposed of on 09.09.2024, wherein the coordinate bench of this Court has held as follows: “In this petition, the petitioner, who is married daughter of the deceased dealer, seek the transfer of authorization to operate fair price shops under the Public Distribution System (Control Order, 1992) on compassionate ground. The deceased dealer had been granted authorization during his lifetime, and upon his passing, the petitioner submitted an application requesting the transfer of the said authorization. 2. The petitioner's application was rejected on the ground that as on the date of the death of authorized license holder B.Jogappa who is deceased father of the applicant was died at the age of 73 years. 3. The learned counsel for the petitioner contended that the original authorization was granted under the Control Orders of 1986 and 1992, and as per the provisions of un-amended Clause 13, there was no restriction on the transfer of authorization on compassionate ground. The petitioner argued that the amended Control Orders of 2016, 2017, and 2021 are not applicable to authorization granted under the un-amended orders. Furthermore, the petitioner contended that married daughters are equally entitled to the transfer of authorization on compassionate ground, citing the decision of a Co-ordinate Bench of this Court in W.P.No. 51361/2019. 4. On the contrary, the learned Additional Government Advocate (AGA) representing the State/Respondents, argued that the amended Clause 13 of the Control Orders of 2016, 2017, and 2021 explicitly prohibits the transfer of authorization on compassionate ground if the authorized dealer dies after reaching the age of 65 years or if the transferee does not possess the prescribed qualification. He relied on the decision of a Co- ordinate Bench of this Court in W.P.No.13559/2020 and connected petitions, which were disposed of on 23.12.2021, to support their position. - 4 - NC: 2025:KHC:14110 WP No. 8219 of 2025 5. After carefully considering the arguments put forth by the learned counsels for the parties, the key point for deliberation is whether the petitioner is entitled to the transfer of authorization to run fair price shops on compassionate grounds. 6. Clause 13 of the un-amended Public Distribution System (Control Order, 1992) dealt with the prohibition of the transfer of authorization. It states that no authorized dealer shall assign or transfer their authorization to any other person, nor shall any person carry on business on behalf of such an authorized dealer. However, a proviso to Clause 13 allows for the transfer of authorization in the event of the death of an authorized dealer, with prior approval of the Government, to the spouse, son, or unmarried daughter of the deceased. 7. Subsequent amendments to Clause 13, made in 2016, 2017, and 2021, introduced restrictions on the transfer of authorization on compassionate grounds. The amended provisions prohibit such transfers if the authorized dealer was over the age of 65 at the time of death or if the transferee had not completed the 10th standard and did not apply for the transfer within 90 days of the death. 8. A Co-ordinate Bench of this Court, in W.P. No. 13559/2022, upheld the validity of the amended proviso to Clause 13, but it was dealing with a challenge related to the renewal of authorization on compassionate grounds. In W.P. No. 55097/2017, disposed of on 11.12.2017, this Court held that the condition regarding the age limit imposed in the amended Clause 13 was not sustainable. The decision in W.P.No.204335/2014, which was followed in W.P.No.43249/2017, ruled similarly. Furthermore, in W.P.No.103408/2023, disposed of on 12.06.2023, this Court reiterated that the restrictions introduced in the Control Orders of 2016, 2017, and 2021 were prospective in nature and could not be applied retrospectively to authorizations granted under the un- amended Control Order of 1992. Therefore, these restrictions are only applicable to applicants seeking fresh authorizations and not to existing authorized dealers or their legal heirs. - 5 - NC: 2025:KHC:14110 WP No. 8219 of 2025 9. In W.P.No.51361/2019, the Co-ordinate Bench of this Court addressed the issue of whether married daughters are entitled to the transfer of authorization. In paragraph 3, it was held that the Control Orders of 2016 and 2021, which provide for the transfer of authorization to unmarried daughters or widowed daughters with no source of income, cannot discriminate against married daughters solely on the basis of their marital status, provided they have no independent source of income. Such discrimination violates Articles 14 and 15 of the Constitution of India, which guarantee equality before the law and prohibit discrimination on the grounds of sex. This view is supported by the decision in *Bhuvaneshwari*, where the Court held that the principle of equality extends to matters of compassionate appointments as well. The Supreme Court also affirmed this view in S.L.P. (C) No. 20166/2021, disposed of on 17.12.2021. 10. The decision of the Co-ordinate Bench clearly establishes that there can be no discrimination between married and unmarried daughters when it comes to the transfer of authorization on compassionate grounds. Discriminating against daughters based solely on their marital status violates the principles of equality enshrined in Articles 14 and 15 of the Constitution of India. 11. In light of the foregoing, it is evident that the married daughters of deceased authorized dealers, who have attained the age of 18 years, are entitled to the transfer of authorization on compassionate grounds. Denial of such transfers on the grounds of marriage or other arbitrary criteria is discriminatory and unsustainable in law. Accordingly, I pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement dated 15.03.2024 issued by respondent No. 2 - Deputy Director, Department of food, civil supplies and consumer affairs is quashed. - 6 - NC: 2025:KHC:14110 WP No. 8219 of 2025 iii. The respondents are hereby directed to reconsider the application submitted by the petitioner afresh keeping in mind the observations made herein above, subject to satisfying other requirements of existing control order. iv. The said exercise shall be completed within three months from the date of receipt of certified copy of this order.” 4. In the light of the order passed by the Co-ordinate Bench of this Court (supra) and for the reasons aforementioned, the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement dated 06.02.2025 issued by respondent No. 2 - Deputy Director, Department of food and civil supplies is quashed. iii. The second respondent is hereby directed to reconsider the application submitted by the petitioner afresh keeping in mind the observations made herein above, subject to satisfying other requirements of existing control order. - 7 - NC: 2025:KHC:14110 WP No. 8219 of 2025 iv. The said exercise shall be completed within three months from the date of receipt of certified copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 112