THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.23618 of 2006 ORDER: This Writ Petition is filed with the prayer, which reads as under: “For the reasons stated in the accompanying affidavit, it is prayed that the Hon’ble Court may be pleased to issue a Writ order or direction, more particularly one in the nature of Writ of Certiorari declaring the orders of the 1st respondent dated 16-10- 2006 passed in Revision Case No.A7/275/2006 confirming the orders of the Appellate Authority passed in appeal No.A7/635/05 dated 29-08-2006 as illegal, arbitrary, unconstitutional and against to the principles of natural justice.” The second respondent – Revenue Divisional Officer, Vikarabad Division, Vikarabad, Ranga Reddy District, has issued a notification for appointment of fair price shop dealer for the Village of Pulumamidi in Nawabpet Mandal, Ranga Reddy District, vide letter No.I1/1446/2003, dated 03.10.2005. Petitioner, who is the resident of Pulumamidi Village, has applied for the same and in the selections made by the second respondent, she came to be selected and was appointed as a fair price shop dealer for Pulumamidi Village. Questioning the appointment of the petitioner, the third respondent herein, who was unsuccessful in the selections, filed appeal before the appellate authority - Joint Collector-I, Ranga Reddy District. The appellate authority by his order, dated 29.08.2006, in Appeal Case No.A7/635/05, only on the ground that in the notification, category was not mentioned with regard to reservation, allowed the appeal. Though the petitioner carried the matter by way of revision, the first respondent/revisional authority – District Collector, Ranga Reddy, dismissed the same by his order, dated 16.10.2006 passed in Revision Case No.A7/275/2006 confirming order, dated 29.08.2006 passed by the Joint Collector-I, Ranga Reddy District. In this Writ Petition, it is the case of the petitioner that there are absolutely no valid reasons to set aside her selection and appointment as a fair price shop dealer. It is stated that she was appointed in general category and merely because there is no specification in the notification with regard to reservation, that by itself is not a ground to set aside her appointment. It is to be noticed that questioning the order passed by the first respondent in the revision petition filed by her, the petitioner approached this Court by filing the present Writ Petition and in view of the interim orders passed by this Court on 13.11.2006 in WPMP.No.30118 of 2006, suspending order, dated 29.08.2006 passed by the appellate authority in Appeal Case No.A7/635/05, the petitioner is continuing as fair price shop dealer of Pulumamidi Village. Though the Writ Petition is of 2006, no counter-affidavit is filed either by respondents 1 and 2 or by the third respondent, who carried the matter in appeal before the appellate authority. I have heard the learned counsel for the petitioner and also the learned Assistant Government Pleader for Civil Supplies appearing for respondents 1 and 2 and perused the orders passed by the appellate and revisional authorities. The appeal filed by the third respondent was allowed only on the ground that the category was not mentioned in the notification issued by the second respondent. When there is no indication in the notification with regard to reservation for any of the categories, it is to be construed as open category, as such, it can be said that there is obviously no reason at all for allowing the appeal by the appellate authority and in confirming the same by the revisional authority. Further, when there was no objection before selections and after the petitioner is selected, the same cannot be the ground to set aside her appointment on the appeal filed by the third respondent. In that view of the matter, as there is no valid reason for allowing the appeal by the appellate authority, whose order is confirmed by the revisional authority, the orders of such authorities are liable to be set aside. Accordingly, the Writ Petition is allowed, orders, dated 16.10.2006 and 29.08.2006 passed by the revisional and appellate authorities respectively, are hereby quashed and the selection and appointment of the petitioner as fair price shop dealer of Pulumamidi Village is restored. No order as to costs. ______________________ R.SUBHASH REDDY, J 8th SEPTEMBER, 2011. kvni