APHC010014912019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 657/2019 Between: 1. RAJA MAHILA SAKTHI SANGHAM, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, KAKINADA 3. THE REVENUE DIVISION, RAMACHANDRA PURAM ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ or Order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned notification vide Ref./B2/61/2019 dated 15.01.2019 for appointment of Fair Price Shop Dealer in respect of Shop No.0432056 of Palathodu Village, Mandapeta Mandal, East Godavari District as well as fixing the minimum educational qualification as Intermediate for fair price shop dealer is as 2 VS,J W.P.NO.657 OF 2019 illegal, contrary to law and without jurisdiction, violative of Articles 14, 16, 19 and 21 of Constitution of India and for a consequential order to drop all further proceedings by setting aside the notification vide Ref./B2/61/2019dated 15.01.2019 issued by the 3rd respondent IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings pursuant to the notification vide Ref./B2/61/2019 dated 15.01 .2019 issued by the 3rd respondent pending disposal of the above writ petition and pass such other order or orders may deem Counsel for the Petitioner: 1. VENKAT CHALLA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.NO.657 OF 2019 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a Writ or Order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned notification vide Ref./B2/61/2019 dated 15.01.2019 for appointment of Fair Price Shop Dealer in respect of Shop No.0432056 of Palathodu Village, Mandapeta Mandal, East Godavari District as well as fixing the minimum educational qualification as Intermediate for fair price shop dealer is as illegal, contrary to law and without jurisdiction, violative of Articles 14, 16, 19 and 21 of Constitution of India and for a consequential order to drop all further proceedings by setting aside the notification vide Ref./B2/61/2019 dated 15.01.2019 issued by the 3rd respondent...” 2. The petitioner is the president of a Dwakra group situated in Palathodu village, Mandapeta Mandal, East Godavari District. The petitioners sangham was allotted a shop bearing No.0432056 on a temporary basis, in pursuance of the resignation of the permanent dealer of the shop, by the 3rd respondent vide proceedings Ref.No.B2/1796/2017 dated 24.10.2017. Thereafter, the 3rd respondent, in order to fill up the vacancy on a permanent basis, issued a notification for appointment of the fair price shop for the subject shop vide Ref.B2/61/2019 dated 15.01.2019. Challenging the said notification, the present writ petition is filed on the ground that, as per the said notification, the required minimum educational 4 VS,J W.P.NO.657 OF 2019 qualification is intermediate besides other qualifications, and also on the ground that the 3rd respondent is not the competent authority to issue the present impugned notification. 3. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 4. During the course of arguments, it was brought to the notice of this Court that the Government of Andhra Pradesh has issued G.O.Ms.No.32 dated 03.12.2018, and the present impugned notification dated 15.01.2019 was issued in accordance with G.O.Ms.No.32. As per Clause 5 of the said G.O., which deals with the minimum general educational qualification, it reads as under: “A pass in Intermediate examination conducted by the Board of Intermediate, shall be the minimum general education required for Selection and appointment of a fair price shop dealer. Where, no candidate with the minimum general educational qualification is applied for the vacancy, the candidate, who appeared and failed in board of Intermediate examination shall be considered.” 5 VS,J W.P.NO.657 OF 2019 5. With regard to the issuance of the notification by the 3rd respondent, it can be observed that clause 1(iv) of the said G.O.states as follows: “The appointing authority i.e., Joint collector shall notify for all the fair price shop vacancies as per roster. The vacancies reserved for SC, ST, BC, PHC shall be filled by the respective category candidates only.” 6. As per the said provision, it is the Joint Collector, who is the appointing authority, who has to issue the notification notifying vacancies for appointment of fair price shop dealers, but not the 3rd respondent who issued the impugned notification. However, it can also be observed that as on today, the appointing authority is the 3rd respondent instead of the Joint Collector. Nevertheless, since the notification was issued way back in the year 2019 in pursuance of G.O.Ms.No.32, the impugned notification can be treated as having been issued without authority or jurisdiction. 7. In view of the same, the impugned notification dated 15.1.2019 is liable to be set aside. However, the respondents are at liberty to issue a fresh notification for filing up of the vacancies of the shop No.0432056 in accordance to the existing G.O’s. 8. Accordingly, the writ petition is allowed. No Costs. 6 VS,J W.P.NO.657 OF 2019 As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :04.11.2025 LSP 7 VS,J W.P.NO.657 OF 2019 270 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 657/2019 Date :04.11.2025 LSP