HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.1407 of 2014 Date : 10-11-2014 Between :
Kakumanu Ramesh .. Petitioner And The Government of Andhra Pradesh, Represented by its Secretary, Consumer Affairs, Food and Civil Supplies (CS.I) Department, Secretairat, Hyderabad and others .. Respondents Counsel for petitioner : Sri V. Surya Kiran Kumar Counsel for respondent Nos.1 to 5 : Assistant Government Pleader for Civil Supplies Counsel for respondent No.6 : Sri G. Sampurna Anand for Sri Y. Ashok Raj, The Court made the following:
ORDER:
This Writ Petition is filed for a mandamus to set-aside proceedings in Rc.No.6410/2012-B, dated 30-12-2013 of respondent No.4 whereby he has appointed respondent No.6 as the fair price shop dealer of Chilakaluripet Town and Mandal, Narasaraopet Division, Guntur District.
The only ground on which the petitioner has questioned the appointment of respondent No.6 is that admittedly he has secured 19 marks in the written test and that therefore as per G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 19-2-2011, he is not qualified to be called for viva voce interview. Neither the official respondents nor respondent No.6 have denied the fact that the latter has secured only 19 marks in the written test.
Paragraph-2 of Annexure to G.O.Ms.No.4, dated 19-2-2011, to the extent it is relevant, reads as under :
“ … The written examination shall be for 50 marks. After the test is conducted, the qualified candidates who score 20 and above out of 50 marks shall be called for viva voce interview on a date indicated by the A.O.”
In view of the unequivocal stipulation in the G.O. reproduced above, respondent No.6 who secured 19 marks in the written test is not qualified to be called for viva voce interview. However, ignoring the said criterion, respondent No.4 has appointed respondent No.6 as the fair price shop dealer in question. Thus, the appointment of respondent No.6 cannot be sustained in law and the same is accordingly set-aside.
It is stated in the counter-affidavit filed by respondent No.4 that in addition to the petitioner, another person by name Thadiboina Venkata Sivaiah, has secured more than 20 marks in the written test and among the two, the said Thadiboina Venkata Sivaiah has secured 36.5 marks in all. As the petitioner is stated to have secured only 35.5 marks, respondent No.4 is directed to appoint Thadiboina Venkata Sivaiah as the fair price shop dealer of Chilakaluripeta Town and Mandal, in place of respondent No.6.
The Writ Petition is allowed to the extent indicated above.
As a sequel to the disposal of the Writ Petition, WVMP No.983 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 10-11-2014 AM