THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.15715 of 2008 ORDER: In this Writ Petition, petitioner has questioned notification, dated 10.07.2008 issued by the respondent – Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District, in Rc.No.1248/02/C, inviting applications for making appointment to the post of Fair Price Shop Dealer in Samayyavalasa Village, Padmanabham Mandal, Visakhapatnam District, by reserving it to B.C. category. At the first instance, the respondent issued a notification on 12.03.2008 in Rc.No.1248/08/C inviting applications for making appointment to the post of Fair Price Shop Dealer in Samayyavalasa Village, by reserving it to Physically Handicapped Category. It is the case of the petitioner that for the first notification, interviews have not been conducted but subsequently, without any reason, the impugned notification was issued inviting applications to fill up the vacancy in question by changing the reservation from Physically Handicapped Category to B.C. Category. When the matter is taken up, it is submitted by the learned Assistant Government Pleader for Civil Supplies appearing for the respondent that in the revenue division of Visakhapatnam, there are about 650 fair price shops. As per G.O.Ms.No.53, dated 06.10.2003, 3% vacancies are to be reserved for Physically Handicapped Category and 25% are to be reserved for Backward Classes. It is further submitted that as there are 650 fair price shops in the division, which is the unit, 162 vacancies can be reserved for Backward Classes but there are altogether, 248 vacancies were filled with the persons of Backward Classes. It is also submitted that for the Physically Handicapped Category, 3% reservation is there and in the entire unit, as there are 650 fair price shops, 19 fair price shops are to be reserved for Physically Handicapped Category and that all 19 fair price shops were filled with the persons of Physically Handicapped, as such, no further vacancy can be reserved for Physically Handicapped Category. But, in any event, as it is stated that for Backward Classes, 25% reservation is there and out of 650 fair price shops in the division, it comes to 162 shops and as it is stated that there are already 248 vacancies filled with the persons of Backward Classes, it can be said that the impugned notification is illegal and contrary to the reservation policy notified by the Government. For the aforesaid reasons, the impugned notification is set aside with the direction to the respondent to issue fresh notification reserving the vacancy to any other category and fill up the same as per the guidelines, as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order. Subject to the above directions, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 22nd NOVEMBER, 2011. kvni