THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6131 of 2010 18.3.2010 Between: M.Basavaraju, S/o.M.Nagaiah …Petitioner and The Government of A.P., represented by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Hyderabad and others …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6131 of 2010 ORDER: The petitioner claims to be physically challenged person, aged 43 years. Third respondent issued notification dated 02.3.2010 inviting applications for appointment of Fair Price Shop (FPS) dealers in as many as 13 shops. FPS Nos.153 and 156 were reserved for physically challenged persons. The petitioner submitted explanation for being considered for these shops. As per the guidelines issued by the Government, the minimum age to make application for grant of FPS is 18 years and the maximum age is 40 years. Petitioner having come to know that his application will not be considered in the interview scheduled on 21.3.2010 filed instant writ petition challenging the relevant guideline issued by the Government. Be it noted, the petitioner impugns guideline No.6 in G.O.Ms.No.53, dated 16.10.2003. But there is no dispute that G.O.Ms.No.53 was issued under 2001 Control Order, which has now been superceded by the Andhra Pradesh State Public Distribution System (Control) Order 2008. In pursuance thereof, the Government issued G.O.Ms.No.52, dated 18.12.2008, virtually promulgating same guidelines. Guideline NO.6 deals with age limit and the maximum age limit prescribed is 40 years. Relying on G.O.Ms.No.137, dated 15.2.1963, petitioner’s counsel contends that in Government service, the maximum age limit for initial recruitment for physically challenged persons is enhanced by 10 years. Therefore guideline No.6 in G.O.Ms.No.52, prescribing upper age limit of 40 years is illegal and arbitrary besides being violative of Articles 14, 19 and 21 of Constitution of India. The submission is wholly misconceived. FPS dealership is not Government service. FPS dealer is not a Government servant. The persons appointed as dealers of FPSs to distribute essential commodities are in a way agents regulated by the Control Order referred to herein above (see Gudivada Chowkadara Dukanadarula Sangham v Government of A.P.[1]). Indisputably, G.O.Ms.No.137, dated 15.2.1963, was issued providing age concession for physically challenged persons in subordinate services of the State and the same cannot be a ground to struck down guideline No.6 in G.O.Ms.No.52. For the purpose of classification, persons between the age of 18 and 40 years are classified as one group and all others are ineligible. The classification is reasonable and rational. If the petitioner has any grievance, he can always represent the same to Government for necessary amendment to the guidelines. The writ petition, subject to the above observations, is accordingly dismissed. ______________ (V.V.S.RAO, J) March 18, 2010. YS [1] 2003 (4) ALD 256 : 2003 (5) ALT 239