THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.23979 of 2008 ORDER: This Writ Petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit, the petitioner herein prays that this prays that this Hon’ble Court may be pleased to issue appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the notification issued by the 2nd respondent in Ref.E/1103/2007, dt. 14-10-2008 to fill up the vacancy of F.P. Shop No. 36 of Bobbilanka Village, Seethanagaram Mandal, East Godavari District on permanent basis inspite of the earlier Notification dt. 14-2-2008 inrespect of the same F.P. Shop reserving the vacancy under B.C. Category as illegal, arbitrary and unjust and consequently set aside the Notification issued by the 2nd respondent in Ref.E/1103/2007, dt. 14-10-2008 in the interest of justice.” To fill up the vacancy of fair price shop No.36 of Bobbillanka Village, Seetanagaram Mandal, East Godavari District, the second respondent – Revenue Divisional Officer, Rajahmundry, East Godavari District, issued a notification on 14.03.2008 inviting applications from the candidates belonging to Backward Classes (B.C.). The petitioner, who is an unemployee, has responded to the notification and applied for. It is stated that he was also interviewed for the purpose of making selections. It is the grievance of the petitioner that though interviews were conducted, without finalizing the selections, the second respondent issued further notification on 14.10.2008 in Ref.No.E/1103/2007, to fill up the same vacancy by reserving it to Scheduled Caste (S.C.) category. At the stage of admission, this Court by order, dated 03.11.2008 issued interim directions to the respondents not to finalize the appointments pursuant to notification, dated 14.10.2008 issued in Ref.No.E/1103/2007. The said interim order continued all along. Though the Writ Petition is of 2008, no counter-affidavit is filed, but it is submitted by the learned Assistant Government Pleader for Civil Supplies appearing for the respondents that in the revenue division of Rajahmundry, there are total 732 fair price shops, out of which, 15% is reserved for S.C. and 25% for B.C. and that 15% for S.C. represents 110 shops but there are 108 fair price shops held by the candidates of such category and that so far as B.C., 25% of total number of shops represents 183 but there are only 179 candidates holding the fair price shops from that category. From the above set of facts and figures given by the learned Assistant Government Pleader for Civil Supplies appearing for the respondents, it is evident that there is a shortfall of about 4 in B.C. and 2 in S.C. When there is a shortfall in B.C. also, having issued notification, dated 14.02.2008, inviting applications to fill up the vacancy of fair price shop No.36 of Bobbillanka Village, by reserving it to B.C. candidates, who are entitled to 25% reservation out of total number of 732 shops, and conducted interviews for making selections, and without finalizing the same, there is no reason or justification on the part of the second respondent in issuing notification, dated 14.10.2008 in Ref.No.E/1103/2007, reserving the same vacancy for S.C. category. Although there is a shortfall of candidates even for S.C., they can make good the same in further notifications. For the aforesaid reasons, the Writ Petition is allowed and the impugned notification is hereby quashed with the direction to the respondents to fill up the vacancy as per notification, dated 14.02.2008, as expeditiously as possible, preferably, within a period of three (3) months from today. It is made clear that if selection process is not completed pursuant to notification, dated 14.02.2008, the respondents may proceed further from the stage where it was stopped, to fill up the vacancy. No order as to costs. _______________________ R.SUBHASH REDDY, J 14th SEPTEMBER, 2011. kvni