HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 6183 OF 2010 DATED 12TH SEPTEMBER, 2014.
BETWEEN Chinni Venkata Sunil Kumar ….Petitioner and The Collector (Civil Supplies) Nellore, SPSR Nellore District and ors …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 6183 OF 2010
ORDER:
Heard the learned Counsel for the petitioner, learned Government Pleader appearing for Respondents 1 to 4 and learned Counsel appearing for Respondent No.5.
The third respondent issued a notification on 18.02.2009 calling the applications from eligible candidates under OC category for appointment of Fair Price Shop dealer on permanent basis for Shop No. 29 of Nellore City. In response to the said notification, the petitioner and 31 other candidates attended the interview conducted by the third respondent on 16.6.2009 and in the said interview, the petitioner was selected as Fair Price Shop dealer of the aforesaid shop. The third respondent issued proceedings dated 09.07.2009 appointing the petitioner as Fair Price Shop dealer on permanent basis. Thereafter on payment of requisite fee, the petitioner was issued with authorization, which was valid upto 31.3.2011. Aggrieved by the said appointment, the fifth respondent preferred an appeal before the second respondent on the grounds that the petitioner was a student and his appointment was made in contravention of G.O.Ms.No. 52, dated 18.12.2008. The said appeal was allowed by order dated 14.12.2009 setting aside the appointment of the petitioner as Fair Price Shop dealer. Aggrieved by the same, the petitioner filed revision before the first respondent, who disposed of the same by order dated 10.02.2010 confirming the orders of the appellate authority, second respondent. Challenging the order of the first respondent, the present Writ Petition was filed.
The facts of the case are not in dispute. Respondents 1 to 4 state that as on the date of appointment, the petitioner was studying B.Tech and suppressing the same and stating in his application that his qualification as 10th class, he got appointment as Fair Price Shop Dealer for Shop No. 29 of Nellore town. In view of the same, it cannot be said the order of the first respondent dated 10.02.2010 suffers from any irregularity. The Writ Petition is therefore liable to be dismissed.
Accordingly the Writ Petition is dismissed. However, it is made clear that the third and fourth respondents shall issue fresh notification for appointment of Fair Price Shop dealer on permanent basis for Shop No. 29 of Nellore city within a period of three months from the date of receipt of a copy of this order and proceed further in accordance with law.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 12th September, 2014. Msnro