Court No. - 26
Case :- WRIT - C No. - 9730 of 2018 Petitioner :- Maya Devi Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Vijai Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
This writ petition has been filed by the petitioner praying for certiorari to be issued for quashing the order dated 19.2.2018 passed by the Sub Divisional Officer, Nawabganj, Bareilly.
The order impugned dated 19.2.2018 has reserved the vacant Fair Price Shop of village Dhanaur Jagir under handicapped quota.
This Court had on the basis of submissions made by learned counsel for the petitioner passed an order on 16.3.2018 which is being extracted herein below:-
"This writ petition has been filed by the petitioner praying for quashing of the order dated 19.02.2018 passed by respondent No. 3, the Sub Divisional Officer, Bareilly and also praying for a mandamus to be issued to the respondents not to interfere in the earlier allotted fair price shop reserved for Scheduled Caste female.
From the order impugned it appears that Gram Sabha Mujhaina Jageer, Block and Tehsil Nawabganj, District Bareilly has been identified in Horizontal Reservation for Ex-army personnel and Gram Sabha Richhola Chaudhary an has been identified under handicapped quota for visually impaired and Gram Sabha Dhanaur Jageer has been identified for otherwise physically handicapped person.
It has been submitted by the learned counsel for the petitioner that 2% Reservation permissible for handicapped quota was already fullfilled in the Tehsil and there is no need to interfere in the earlier identification of the Gram Sabha in question and to change it from Scheduled Caste female to handicapped as mentioned in the writ petition.
Learned Standing Counsel prays for and is granted ten days' time to seek instructions in the matter.
List this matter on 28.03.2018. "
Learned standing counsel has received instructions, a copy of which has been produced before this Court. In the instructions sent by Sub Divisional Officer, Nawabganj, Bareilly dated 26.3.2018, it has come on record that for enforcement of reservation in selection of Fair Price Shop in rural areas, the Government Order No. 2715 dated 17.8.2002 provides vertical reservation of 21% for scheduled caste, 2% for Scheduled Tribes and 27% for OBC. Out of these said reserved category is to be determined on the basis of identification of Fair Price Shops as per the U.P. Panchayat Raj (Reservation and Allotment of seats and Offices) Rules, 1994. The category of the Gram Pradhan shall be the determining factor for determining vertical reservation. However, from across this vertically reserved category of seats, horizontal reservation has also to be applied as per clause 3 of the said Government Order. Twenty percent has to be reserved for females, 8% has to be reserved for Ex- army personnel and their families and dependents, 5% has to be reserved for dependents of freedom fighters and 2% for physically challenged persons.
In clause 4 of the said Government Order, the Development Block has to be treated as an unit for determining reservation. In Development Block, Bhadpura, there are 99 Fair Price Shops functioning, none of them has been reserved till date for physically challenged persons under 2% handicapped quota. Hence, when the shop of village Dhanaur Jagir as well as other shops became vacant and available for fresh allotment, it was decided by the Tensil Level Selection Committee to reserve the Fair Price Shop of village Dhanaur Jagir for handicapped persons. The decision taken by the Tehsil Level Selection Committee has been communicated through letter dated 19.2.2018 sent by the Sub Divisional Officer, Nawabganj, Bareilly to Block Development Officer, Bhadpura, it is this letter which has been challenged in this writ petition.
From a perusal of the instructions sent by the Sub Divisional Officer, Nawabganj, Bareilly, this Court finds no good ground to show any interference in the identification of the shop in question for physically handicapped persons. The instructions are kept on record.
The writ petition is dismissed.
Order Date :- 28.3.2018 Arif