IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE EIGHTH DAY OF APRIL, TWO THOUSAND ELEVEN WRIT PETITION No.22010 of 2010 Between: Smt. B.Swetha. … Petitioner. And The Collector, Mahabubnagar District, Mahabubnagar and others. … Respondents Counsel for the petitioner: Sri M.Damodar Reddy. Counsel for the respondents: GP for Civil Supplies for R.1 to R.3. Sri D.L.Pandu for R.4. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the inaction of respondents 1 to 3 in filling up the dealership vacancy of newly created fair price shop consequent on bifurcation of Narsaipally village, Koderu Mandal, Mahabubnagar District, as illegal and arbitrary. The petitioner sought for a consequential direction to respondent Nos.1 to 3 to fill up the said vacancy with BC (Woman) candidate in terms of original notification, dated 14-8-2010. I have heard the learned counsel for the parties and perused the record. In her affidavit, the petitioner pleaded that the Narsaipally fair price shop, which was catering to the entire Gram Panchayat, comprising Narsaipally and Badigadinne villages, was bifurcated. While the original fair price shop was being run by the dealer belonging to the OC category, the newly created shop was reserved for BC (Women). Accordingly, respondent No.2 issued notification, dated 14-8-2010, calling for applications from BC (Women) community. The petitioner is one of the candidates, who applied in terms of the said notification. The grievance of the petitioner is that having reserved the said vacancy for BC (Women) category, respondent No.2 is taking steps to fill up the said vacancy with S.C. candidate. Respondent No.2 filed a counter-affidavit, wherein he has averred that original notification, dated 14-8-2010, was issued reserving the vacancy for S.C. category and that after keeping the same in abeyance a fresh notification was issued on 1-10-2010 reserving the vacancy for B.C.(Women) category; and that interviews were conducted on 25-10-2010, following which a BC (Woman) candidate was selected. Respondent No.2 denied the allegation that the vacancy is reserved for SC category. He has further stated that in view of pendency of the present Writ Petition, the candidate belonging to BC (Woman) selected in the interview has not been appointed. From the stand taken by respondent No.2 in the counter-affidavit referred to above, the apprehension of the petitioner that the said respondent is seeking to fill up the vacancy with a candidate belonging to SC community is allayed. Taking into consideration the averment of respondent No.2 that a BC (Woman) candidate has already been selected, he is directed to issue appointment order in favour of the selected candidate. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP No.28022 of 2010 and WVMP No.1150 of 2011 are disposed of as infructuous. ---------------------------------------- C.V.NAGARJUNA REDDY,J Date:08-4-2011 MNR