THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30698 of 2011 Date: 21.11.2011 Between: M.C. Prabhakar … Petitioner and The District Collector, Anantapur District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30698 of 2011 ORDER : Heard Sri P. Narahari Babu, learned counsel appearing for the petitioner, as well as the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 2. This writ petition has been filed challenging the notification in Rc.No.2879/2011/C, dated 01.11.2011 issued by the 2nd respondent-Revenue Divisional Officer, Penukonda, Anantapur District, calling for applications for appointment of a regular Fair Price Shop dealer of Kotlapalli Village of Chilamathur Mandal, Anantapur District, as arbitrary and illegal. 3. The petitioner is appointed as a temporary dealer of the aforesaid shop by the 2nd respondent vide proceedings D.Dis.1246/2005/C, dated 12.8.2005. He is opposing appointment of a regular dealer by contending that the notification reserving the said vacancy for B.C. community is opposed to the guidelines issued by this Court in W.P.No.14130 of 2010 and batch, dated 24.3.2008. 4. In this regard, it is useful to refer to the pleadings of the petitioner on the said aspect, which are as follows: “I humbly submit that now I am distributing commodities on temporary basis since 2005. My candidature was not considered in appointing me on permanent basis. This Hon’ble Court in W.P.No.14130 of 2010 and batch issued guidelines to the State Government to issue appropriate directions to all the District Collector (Civil Supplies) in the State to get a hundred point roster in each District prepared fixing reservations similar to Rule 232 (2)(E) (e) of the A.P. State and Subordinate Service Rules. Therefore, to avoid the guidelines issued to the State Government by this Hon’ble Court, now the respondent authorities are trying to fill up the vacancy as per their whims.” 5. It may be noted that this Court rendered the said judgment in a batch of cases while considering the orders of the State Government issued in G.O.Ms.No.52, dated 18.12.2008. Subsequently, the said G.O. was superceded by G.O.Ms.No.4, CAF and CS (CS-I) Department, dated 19.2.2011 issuing fresh guidelines in the matter. These guidelines provide for filling the vacancies through written test and interviews. It has also provided social reservation by taking Revenue Division as a unit. Thus, the impugned notification has been issued pursuant to the guidelines. This Court in W.P.No.14130 of 2010, in fact, held that guidelines issued (G.O.Ms.No.52, dated 18.12.2008) are statutory in nature and hence they are binding on the authorities. Therefore, it cannot be said that the impugned notification is either contrary to the judgment of this Court. 6 . The learned counsel, however, submits that vacancies are not properly allotted by following the communal roster. However, a perusal of the pleadings would show that the petitioner has not furnished even the basic information as to the number of vacancies available in the Revenue Division, nor any attempt is made to explain how the guidelines issued by this Court as to reservation have been breached. On the other hand, a perusal of the impugned notification, which shows that vacancy has been reserved for B.C. commuity, there is a reasonable presumption that the 2nd respondent has undertaken this exercise in accordance with the guidelines issued in the said G.O. The petitioner, who is said to be a temporary dealer and whose appointment is liable to be terminated at any time, has filed this writ petition apparently with a view to prolong his temporary dealership. 7. No other point being urged in the matter and the writ petition being devoid of merits, the same is liable to be dismissed. 8. Accordingly, the writ petition is dismissed at the admission stage. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 21.11.2011. Msr. THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30698 of 2011 21.11.2011 (Msr)