Neutral Citation No. - 2025:AHC:142772 Court No. - 33 Case :- WRIT - C No. - 28026 of 2025 Petitioner :- Jitendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Kumar Sharma Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Prakash Padia,J. 1. The claim of the petitioner for appointment as fair price shop dealer was rejected by the respondent No.4/Sub Divisional Officer Auraiya vide order dated 09.06.2025 on the ground that the petitioner is grandson of the erstwhile fair price shop dealer and the grandson does not fall with the definition prescribed under the Government Order dated 05.08.2019. 2. It is argued by learned counsel for the petitioner that after the death of grandfather of the petitioner, his father has submitted an application for his appointment as fair price shop dealer but the same was not taken into consideration on the ground that father of the petitioner does not fulfill the necessary educational qualification. Subsequently, the petitioner submitted application in prescribed format for his appointment as fair price shop dealer in place of his grandfather namely Ramphal.It is argued that the controversy involved in the present case has already been settled by Lucknow Bench of this Court in the case of Sunil Kumar Yadav Vs. State Of U.P. Thru Prin. Secy. Food & Civil Supplies & Ors. (Misc. Single No.13015 of 2020) decided on 03.09.2020, hence a prayer has been made to quash the order dated 09.06.2025 passed by the respondent No.4. 3. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 to 4 & Sri H.N.Singh, learned counsel for respondent No.5 and perused the record. 4. From perusal of the record, it transpires that the case of the petitioner is squarely covered with the judgement and order passed by this Court in the case of Sunil Kumar Yadav (supra). 5. In this view of the matter, the order dated 09.06.2025 passed by the respondent No.4 is liable to be set aside and the same is hereby set aside. 6. The petitioner is directed to provide photocopy of the judgment and order passed in the case of Sunil Kumar Yadav (supra) along with certified copy of this order before the respondent No.4/Sub Divisional Officer Auraiya within a period of two weeks from today. If it is so, the Tehsil Level Selection Committee headed by Sub Divisional Magistrate Auraiya is directed to consider the claim of the petitioner afresh and pass appropriate orders in the matter within a period of one month thereafter. 7. With the aforesaid observations, the writ petition is allowed. Order Date :- 20.8.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad