IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.5523 of 2006 Ram Prasad Verma son of Shri Dalla Ram VERSUS The State of Rajasthan and Others Date of Order ::: 23/09/2008. Hon'ble Mr. Prem Shanker Asopa, J. Mr. Ganesh Meena, Counsel for the Petitioner Ms. Ashish Joshi, Mr. K. Verma, and Dr. A.S. Khangarot, Addl.Govt. Counsel for Respondents *** Heard learned counsel for the parties. By this writ petition, the petitioner has challenged the order dated 19.08.2006 (Annexure-8) passed in favour of the respondent No.6 and the license issued to the respondent no.6 for carrying on business of blue kerosene under The Rajasthan Foodgrains and Other Essential Articles (Regulation of Distribution) Order, 1976 (for short the Order of 1976) as well as exemption order dated 27.05.2006 (Annexure-11), whereby he has been exempted from the provisions of the Order of 1976 from disqualification of continuing business as license holder under the said Order of 1976, being Pradhan of the Panchayat Samiti. The said facts are not disputed and the only legal question raised by the learned counsel for the petitioner is that the exemption order dated 27.05.2006 (Annexure-11) requires to be published in the Official Gazette, as per Clause 25 of the Order of 1976 and since no publication has been made, therefore, the order dated 27.05.2006 (annexure-11) is illegal and will have no effect on the disqualifcation of the respondent No.6. The submission of the learned counsel for the respondents is that the disqualifcation has been laid down in proviso of Clause 3 (1) of the Order of 1976 and the "class of persons" has been exempted by the order dated 15.02.2003 of the S.O.447, which has been published in the official gazette. I have gone through the record of the writ petition and further considered the rival submissions made by the learned counsel for the parties. The proviso to Clause 3 (1) of the Rajasthan Foodgrains and Other Essential Articles (Regulation of Distribution) Order, 1976 is as follows : "3. Issue of Authorisation : (1) ......... Provided that no member of Rajasthan Panchayat Raj Institution or Local Body or any Public Servant shall be granted or entitle to hold or continue to hold any authorisation as an authorised wholesaler/authorised Fair Price Shop Keeper under this Order". The S.O.447 dated 15.02.2003 is as follows : "Jaipur, February 15, 2003. S.O. 447 – In exercise of the powers conferred by Clause-25 of the Rajasthan Foodgrains and Other Essential Articles (Regulation of Distribution) Order, 1976, the State Government hereby exempts such personsfrom the proviso of clause 3(1) of the Rajasthan Foodgrains and Other Essential Articles (Regulation of Distribution) Order, 1976 who are licensed under Clause 3 of Rajasthan Trade Articles (Licensing and control) Order, 1980 and were authorized to distribute blue died kerosene oil under Public Distribution System before 3.8.2002 and who are directed vide this department order dated 28.11.2002 to issue authority letter to work under Public Distribution System". A conjoint reading of both the Clause and the Gazette notification would reveal that the members of the Panchayat Raj Samiti or the Local Body or any Public Servant have been granted exemption vide gazette notification dated 15.02.2003 as a "class of persons", therefore, no further exemption of any person was required. The writ petition has no force and the same is accordingly dismissed. (Prem Shanker Asopa), J. ashok/